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Chase continued right system research
Author: LiJianGong
Tutor: ZhangYueJin
School: Yantai University
Course: Civil and Commercial Law
Keywords: Droit de suite Works of art Author Object
CLC: D913.6
Type: Master's thesis
Year: 2010
Downloads: 269
Quote: 1
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Abstract
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Droit de suite for the protection of works of art of a legal system , it generated its special historical background and conditions , France 's first legislation recognized the right of pursuit , and gradually Germany, Italy and other countries to accept . Today , many countries and regions in Europe and the United States are starting to focus on the protection of the law of the artist , and balance the imbalances have been corrected . Our scholars have begun to explore issues related to the right of pursuit , and many specific concept of rules in line with China 's national conditions , has a strong practical significance . From the basic theory point of view of the civil law , combined with the relevant laws and regulations in the offshore , theoretical analysis of the specific rules of the right of pursuit , trying to a thorough understanding of issues related to the right of pursuit , for the discussion of the academic community to make a little effort . The paper is divided into four parts: The first part is the basis of the theoretical part of the droit de suite . Focus on the concept of the right of pursuit , the social background of the right of pursuit , the legal basis of the right of pursuit , the right of pursuit of nature and characteristics of the problem . The second part is the other countries and regions as well as international conventions on the right of pursuit system . Focus on understanding the provisions of the civil law and common law and the Protection of Literary and Artistic Works Berne Convention for the right to follow specific rules and a brief evaluation and analysis . The third part is the right of pursuit system ontology and related issues are discussed . Focuses on the right to follow the legal relationship and the movements , the chase continued right material carrier , the relationship between conflict and balance of copyright works carrier ownership , the right of pursuit and exhaustion of rights , the right of pursuit exercise mode and other issues . The fourth part is a specific vision of droit de suite system . Analysis of the necessity and feasibility of the establishment of the right of pursuit system , China 's right to follow the basic principles of the system , the legislative definition of the right to follow the legislative intent and should be used , the right of pursuit and nature of the right to follow the law relations , collective management of the right of pursuit , liability , transitional provisions and other specific rules .
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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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