Naming Right: Defination And Operation

This paper analyzes briefly the meaning of naming right at first along the route from phenomenon to essence, and systematically sums up types of existing phenomena of naming rights. Next, it expounds the ideas backing naming rights, and points out that they have the same structure in spite of their various forms. Naming rights are rooted in the reciprocal socio-economic life, stem from the enterprise development strategy of social responsibility, and reflect the certain canon of the optimal allocation of resources in market economy. Moreover, they become popular at the visible hands of Urban Management. Meanwhile, they reflect the expanding trend of personality right.Secondly, on the basis of reviewing the existing theory, this paper analyzes the legal nature of naming right. It displays a theoretical possibility based on the concept of personality right ,which believes that naming right is a kind of concrete personality right that the owner has right to attach his/its name to the name of something. Moreover, this paper clarifies the connotation and extension of naming right, followed by the discourse of legal protection route for it.Thirdly, it gives self-examination and criticism against the viewpoint of naming right as a kind of personality right, because the latter underestimates the possible range of the content of personality right, ignoring the contract approach of the legal operation , deviating from the claims path of naming right, failing to release the possible theory conflicts. But that point has some theoretical values that shouldn't be neglected. Through the analysis on the sample of rem's name right of the rem, it's easy to understand that naming right evolves from name right such as rem's name right. The key of naming right is that one party has the claim to the other party to the contract to attach and display his/its name with something's name. The contract or tort system is enough for relief from the damage to naming right by the third party. Therefore, it is not necessary to establish naming right as a kind of absolute right.Fourthly, it explores the civil legal mechanism of naming right operation from the angle of naming contract. There are two types naming contract: commercial and non-commercial. The former includes sponsorship naming contract and rem naming contract, and both of them can be adjusted in line with advertising communication contract; the latter refers to donation naming contract, which should be defined as gift contract with burden. After all, the special and common problems should be resolved reasonably. In the end, this paper points out that it is necessary to regulate the operation of naming right, especially the naming right to the public things. On one hand, it should comply with some technical principles in aspects of choosing thing named, naming design, determining of naming right owner; on the other hand, the establishment and exercise of naming right should obey the principles such as public order and morality, validity, equity.