Derechos de la Personalidad

Summary

This video explores the concept of personality rights in civil law, focusing on their classification and significance. The speaker, Fernando Barrientos, outlines how personality rights are classified into patrimonial and non-patrimonial rights, emphasizing that personality rights are intrinsic to human nature and cannot be transferred or violated. Key topics include the right to life, liberty, honor, privacy, and image, as well as the characteristics of these rights, such as being inalienable, imprescriptible, and vital for personal dignity. The presentation also highlights the legal protections these rights receive under Bolivian civil law and international human rights frameworks.

Takeaways

• 😀 The script discusses the classification of subjective rights, distinguishing between patrimonial and non-patrimonial rights.
• 😀 Non-patrimonial rights, also known as personal rights, are innate to humans and cannot be removed without harming their nature.
• 😀 Personal rights, according to French author Cotecni, are subjective rights grounded in personality and guarantee individuals the enjoyment of physical and mental faculties.
• 😀 These rights include the right to life, liberty, honor, image, and privacy, all of which are protected under Bolivian civil law.
• 😀 The right to life is the supreme good, essential for the fulfillment of a person's destiny, and cannot be taken away without severe legal consequences.
• 😀 The right to privacy ensures that no one's private life, including correspondence and messages, can be exposed without consent.
• 😀 Violating privacy, such as through unauthorized access to personal communications, is subject to legal consequences and requires a legal order.
• 😀 The right to liberty is the natural power to act as one chooses, within the limits of the law, and is recognized as a fundamental human right.
• 😀 The right to honor protects a person's moral integrity and reputation, allowing them to seek reparations if damaged by others.
• 😀 The right to one's image allows individuals to control the reproduction of their physical likeness and voice, preventing unauthorized use or exploitation.
• 😀 Personal rights are characterized by being innate, vital, inalienable, non-transferable, non-embargoable, imprescriptible, and absolute, allowing them to be upheld against anyone.

Q & A

What are the two main classifications of subjective rights mentioned in the script?

The two main classifications of subjective rights mentioned are patrimonial rights and extra-patrimonial rights. Patrimonial rights are valued in money and serve to satisfy the needs of the holder, while extra-patrimonial rights are not economically valued.

What are 'personal rights' and how are they characterized in the script?

'Personal rights' are those inherent to the individual, which cannot be taken away without gravely affecting the person's nature. They are considered essential to human existence and activity, including rights such as life, liberty, honor, image, and intimacy.

What does the French author Cotecni define personal rights as in his civil law treatise?

Cotecni defines personal rights as particular subjective rights based on personality, aimed at ensuring the individual enjoys the faculties of the body and spirit, which are essential attributes of human nature and fundamental conditions for existence and activity.

What rights are included in the concept of personal rights as per the script?

The rights included are the right to life, freedom, honor, image, and intimacy. These rights are related to the physical and psychological individuality of each person.

How does Bolivia’s Civil Code treat personal rights?

According to Bolivia’s Civil Code, personal rights are inherent to humans and cannot be traded or transferred. Any restriction to their free exercise is null if it affects public order or morals.

What does the right to life entail, according to the script?

The right to life is the supreme good, encompassing all other rights, and is essential for the fulfillment of a person’s destiny. It begins at conception and is protected by both the Bolivian Civil Code and international conventions like the San José Convention.

What is the right to intimacy as described in the script?

The right to intimacy ensures that an individual’s private life cannot be made public without consent, especially for commercial purposes. Violating private correspondence, including messages on platforms like WhatsApp, is illegal and may result in liability for damages.

What does the right to freedom mean in this context?

The right to freedom is defined as the natural ability of an individual to act or refrain from acting, without being held responsible for their actions unless they harm others. It is a fundamental right protected by the Constitution, emphasizing the dignity and freedom of the person.

How is the right to honor protected in the script?

The right to honor protects a person’s reputation and moral quality. If someone’s honor is damaged, they have the right to seek redress through legal actions, either through civil compensation or criminal penalties, as outlined in the Bolivian Civil Code and Penal Code.

What does the right to image entail, and how is it protected?

The right to image allows an individual to control the use of their personal image, including their physical appearance and voice. Unauthorized reproduction of a person’s image or voice can result in legal action to stop the infringement and seek compensation for damages.