Memoria Defuncti

Abstract

The present work has the purpose of studying a figure protected for a long time by Law, memory defuncti. Overseen for more than 35 years, violations of it currently suffer greater visibility thanks to new technologies and citizens» access to social networks. The study offers a reflection on the very definition of this figure, especially vulnerable since the deceased can no longer be defended, will specify what the protection of the deceased integrates since the deceased have no rights, here is the problem, and will analyze by what survives the death of the person. For this purpose, the aspects related to it contained in Organic Law 1/1982, of May 5, civil protection of the right to honor, personal and family privacy and to one’s own image will be examined; and the criteria of our Courts. In short, the aim of the study is to reflect the need and importance of guardianship, which, with greater reason today, requires this figure.