Legal Personality And The Development Of Right Of Personality

Right of personality has gone through the history from being in mud to being accepted to being established further. The history clearly shows that right of personality, which fulfils and defends the dependence and the dignity of human personality as a most direct right, is not only a basic civil right but also a kind of basic principle in modern civil law. So it should speed up the development of right of personality, promote the status of right of personality and lay equal stress on right of personality and property right to propel the modernization of civil law and the improvement of social civilization. It should deep understand the theoretical foundation and law of the development of right of personality. Therefore, the paper firstly analyses the typical expression of legal personality and right of personality, reveals the two things' law in development and the relation and points out the influence to the course of development of civil law from the history of legal personality and right of personality. Secondly, with penetration in depth and comparative analysis, the paper makes a thorough inquiry the theoretical foundation of the development of right of personality and shows that the enrichment of the connotation of legal personality is the civil theoretical foundation of the development of right of personality and that basic human right is the essential motive force of law from the changes of the intention of legal personality and the ethics of legal personality. Thirdly, the paper analyses and concludes trend of the development of right of personality these days and in the future and at the same time points out the problems in law research of right of personality from five sides which are the expansion of connotation of right of personality, the expansion of subject of right of personality, the expansion of content of right of personality, the expansion of means of relief of right of personality, the relativity of the exclusion of right of personality. Finally, the paper expounds the influence of the theory of legal personality and right of personality to modern civil law and proposes that it should promote the status of right of personality, should view it as a kind of basic principle in civil law and should make it a independent system of right parallel to right in rem, obligatory right, right of inheritance etc.