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Property Interests of the Rights of Personality and the Civil Law Protection

Author: WangChangShun
Tutor: WangXuWei
School: Shenyang Normal
Course: Legal
Keywords: Personality rights and property interests Marked phenotypic personality rights and property attributes The basis of the right to request Loss calculation Inherit
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 202
Quote: 0
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Abstract


The traditional concept of the right of personality personality right in a personal-exclusive and non-property, moral damage can only occur in the event of infringement. However, the elements of the natural personality life practice commercial utilization of the natural person's name, portrait with the value of the property. But judicial practice in the traditional theory of personality rights under the guidance of the value of the property on the right of personality hold opposing views. Some give protection even if the value of the property in accordance with law and jurisprudence, but is ambiguous. The article reviews the history of the development of the personality and the right of personality, the personality, especially the personality ethic and affected by the right of personality theory with open character is constantly improved, as a means of personality rights only and must be adapted as the destination personality needs, may have the need for its existence and development. Therefore, for the commercial use of the right of personality theory can not solve personality factors and legal design should be changed. The article examines the history of the relationship between personality and property rights, two experienced a from confused - separation - the process of integration, the two do not exist confrontation and exclusion relations. Further analysis of the phenomenon of personality elements of commercial use of the proposed elements of the natural personality commercial use of sanctions is their human rights, the use of the interests of the right of personality, the right of personality attributes, and marked phenotypic personality rights property rights property. This laid the foundation for the right legal framework to address the use and protection of personality rights and property interests. Article publicity rights system in the United States and the unification of Germany right mode on comparative law study to find the effective way suitable for the protection of property interests of our personality rights. Publicity rights system in the United States in the personality rights of property interests as an independent property rights are recognized, to the spiritual interests of the right of personality and property interests protected by the right to privacy and publicity of these two rights. The unification of Germany rights model is to expand the connotation of the traditional right of personality through case, the spiritual interests of the right of personality and property interests as a whole to be protected, and the detailed requirements for the losses in violation of personality rights and property interests. Analysis of personality right system and the French cultural tradition and reality, draw conclusions rooted in the culture of common law right of publicity is not suitable for China's national conditions, and learn from the unification of Germany right on the protection of personality rights and property interests . Finally, combined with China's legal system, to make the concept of the protection of personality rights and property interests. Legislative proposals to address the scope of protection of personality rights and property interests of the victim, claims based on the calculation of the specific amount of inheritance specific operational problems.

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