الحماية القضائية لصورة الملكية العقارية الخاصة

الملخص EN

Nowadays, the image has become a subject of concern for the jurisprudence and the judiciary.

Because it is the natural reflection of physical existence, and because of this importance, we find that the first concern of the legislator is that he has recognized the existence of the human right to his privacy, including his personal image.

Until the matter came to enshrining this protection by the French law promulgated on July 17, 1970; To explicitly state that every person has the right in his own image, including the Egyptian legislator in Article 50 of the Civil Law issued in 1948, as for the Iraqi legislator who lacks a text that enshrines the right of the human being in his civil image; Instead of establishing this right in his civil law, he went to confusion and confused between the right to the picture and the copyright itself, when he enacted the Copyright Protection Law No.

3 of 1971, according to which the photographic works were counted among the works covered by the protection instead of limping to the right to the image In the face of this legislative deficiency in the right of a person in his own image, it is a matter of a fortiori that there is no legislative text that gives the owner the right to protect the image of his property, including real estate in particular; Are the general rules mentioned in civil liability a lifeboat for the judiciary to decide on this protection, or are they not? Hence, there is a permissibility to photograph money, just as there was a permit to photograph people without publishing them.

Because the Iraqi Punitive Law No.

111 of 1969 in Article (438) thereof did not criminalize capture; But he criminalized publishing if they relate to the secrets of the private life of the family and if there is any offense to them.