Abstract

The judgment of the Supreme Court of 28 March 2018 addresses a number of issues which are of major practical importance for resolving court disputes regarding protection of personal rights. This gloss underlines, first of all, that the small group of people who identified the protagonists of a literary work with the injured parties may have an impact on the scope of protective measures available to such parties under Art. 24 of the Civil Code. In addition, the article discusses whether the author is entitled to use a literary work to offend and insult other people, violate their right to privacy and intimacy for the sake of artistic. The author believes that liability of the author of a literary work should be taken into account when a concrete person has been offended or insulted, since legal protection does apply to personal rights rather than general values. The commentary also refers to the possibility of issuing a final court order banning publication of a subsequent edition of a literary work whose contents have been found to violate personal rights.