ПРАВА ЛИЧНОСТИ У ПРАВУ РЕПУБЛИКЕ СРПСКЕ
PERSONAL RIGHTS UNDER THE LAW OF THE REPUBLIC OF SRPSKA

Summary/Abstract: The Rights of Privacy are the institute of the Civil Law rooted in the Roman Law, which passed through its affirmation only in the 19th century. Many European Civil Codes from that period regulated certain rights of privacy or the right of privacy as a general right within the framework of its special provisions or within the framework of provisions concerned with tortuous liability. The Rights of Privacy were introduced into our legal system by way of the Law of Obligations from 1978 under provisions concerned with tortuous (immaterial) liability. Since then, many changes have taken place, especially for the reason of introducing new forms of violation of the rights of privacy caused by technical-technological and social development, in general. Therefore, it is necessary to apply a new approach to this matter and new proposals for its legal regulating de lege ferenda. In this paper the author tries to give his contribution to determining the position of the rights of privacy within the framework of our legal system, as well as to determining important characteristics and to analysing existing instruments for the protection of the rights of privacy. Namely, many of our legal theoreticians have dealt with this aspect and they have taken a general stand that the rights of privacy make a composite part of Civil Law and represent its material component as much as immaterial. As such, they have certain characteristics attributive to civil rights of proprietary character, and certain attributes which distinguish them from the rest. Thus, the Law of Obligations anticipates special claims for the protection of the rights of privacy.

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