المسؤولية المدنية عن الاستخدام غير المشروع لحق الإنسان في الاسم كعوان لموقع إلكتروني في القانون المدني الأردني

الملخص EN

This study aims to know the position of the Jordanian Civil Law regarding the use of a person’s name by others as the title of a website.

It tries to address the hypothesis based on reserving the digital space only, without initiating any rights, behaviors, or other electronic transactions on the created website, thus, identification of the adequacy of the legal provisions contained in the Jordanian Civil Law to protect the rights of the name holder of such use of the name only, or to say in another words, to protect the person’s rights within the electronic framework, and the extent of providing preventive protection against the idea of taking precedence over the registration of an electronic address, especially if the three website domains are reserved.

The study attempted through the analytical method for the texts of the Jordanian civil law, especially articles (48/49, 256, 257), to find a valid basis for this protection, which enables the (victim) whose name was misused in the electronic framework by other parties, to protect it, and defend his name from any use in the electronic field.

Even if assuming the priority in registering an electronic domain without the use of any direct rights of it, and that is the subject of this study, which addresses the hypothesis that just reserving the digital space, which was supposed to be beneficial to the owner of the name, but he was unable to do so due to the idea of precedence and reservation of the site three domains.

The study concluded a number of results, most importantly the adequacy of the legal texts mentioned above, in providing this protection, while recommending the need for a special national legislation to address these assumptions, especially with the fast expansion of the virtual world, and the necessity of reformulating and amending the text of Articles (48, 49) of the Civil Law, despite their current sufficiency to face the imposition of the study to provide more comprehensive protection for those interested in the legal issue