Private Law Solutions for Protecting the Memory of Deceased Persons
Keywords:
private law, personality, post-mortem, protection, interests of the deceased.Abstract
In some legal systems, personality is protected expressis verbis post-mortem. In other national legislative frameworks, this protection was achieved by praetorian means. Although the Bulgarian Personal and Family Law of 1949 does not contain explicit provisions on the protection of the personality of the deceased, the national legislator could envisage such civil regulation in the future. All the more so, as it has already provided rules concerning the processing of personal data of deceased persons in the Personal Data Protection Act. In view of the foregoing, the article presents legislative solutions from civil law legal systems and discusses their advantages and disadvantages as regards the post-mortem protection of the deceased interests.
