Soraya judgment
The Soraya ruling (BVerfGE 34, 269; also Soraya ruling or Soraya ruling ) is a landmark ruling by the Federal Constitutional Court from 1973. The constitutional complaint of the publishing house Die Welt (a subsidiary of Axel Springer Verlag ) against the payment of a Compensation to Soraya Esfandiary Bakhtiary was dismissed. The BVerfG thus confirmed a claim for damages due to encroachments on personal rights . In addition, it dealt with the question of judicial freedom of choice in a legally undefined field. The verdict was therefore of great importance for subsequent judgments.
prehistory
In the April 29, 1961 issue, the tabloid magazine Das Neue Blatt published an exclusive interview with the divorced wife of the Shah of Persia , Soraya, under the heading “Soraya: The Shah No More Writing”. The interview was sold to the publisher by a freelancer . In reality, however, it never happened.
Procedural path
As early as July 1, 1961, the magazine printed a brief reply . Soraya continued to take legal action at the Mannheim regional court. There their rights were given and the publisher was sentenced to pay damages in the amount of 15,000 DM. The publisher then moved to the Karlsruhe Higher Regional Court , which upheld the judgment. The Federal Court of Justice rejected the appeal before the Federal Constitutional Court finally dealt with the issue.
Verdict
The first Senate of the Federal Constitutional Court unanimously confirmed the previous judgments. The Senate ruled that the publisher, in an effort to evaluate public participation in the fate of Princess Soraya on business, had dispensed with her person by giving her statements about her privacy that she had not made.
A particular difficulty in reaching the verdict was that the legal complex had not been adequately covered by law. The law did not provide for financial compensation for the loss of intangible goods.
The Federal Constitutional Court has now decided that the general right of personality has now "become an integral part of our private legal system". It therefore granted the judges far-reaching powers to shape the changed social situation legally (see judge law ) .
The verdict was made under the leadership of Theodor Ritterspach .
Web links
Individual evidence
- ↑ Soraya Der Spiegel, 36/1962
- ^ Soraya, dejure.org