Personal Identity and European Contract Law

In: European review of contract law: ERCL, Band 18, Heft 3, S. 205-223

Abstract

Abstract
This paper is aimed at illustrating how the traditional idea of "inalienability" of personality rights has been reshaped and transformed by the increasing commodification of corporeal and incorporeal components of identity. Three different legal regimes have recently emerged in Europe: market-inalienability with regard to body rights; limited inalienability rules with regard to personal data; modified contract law applicable to incorporeal components of identity – such as name or likeness – having commercial value. The objective of this paper is to describe each of these models and provide a contribution both to the theory of inalienability and of contract law.