La protección de la memoria defuncti

Abstract

The Explanatory Memorandum to the Organic Law 1/1982 of May 5 Civil Protection of the right to honor, personal and family privacy and image memory defuncti recognized as an extension of the personality that must be respected and therefore legally protected. This leads to claim that we have a post mortem protection than in a person's life were his right to honor, privacy and image, ie personality rights, also considered essential and recognized by Article 18 our CE, that after the death of the individual is transformed by joining defuncti memory. From this approach one might wonder why, when and how we can protect the memory of a deceased illegitimate interference with what in life were those rights when you consider that you can not actually harm the dead. Just as, if we could admit the possibility of damage to the memory itself defuncti considered, if they could repair, which would, if necessary, repair the different ways and if there may be other mechanisms to protect it. For this reason, a special interest protection of this figure since it has been little studied in our law, coupled with the importance for our theme the environment in which we live in today that is the Information Society where the exercise of the rights to freedom of expression and information impinges on numerous occasions with the right to honor, privacy and image of persons living and especially with the memory of the deceased