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Property Interests Of The Rights Of Personality And The Civil Law Protection

Posted on:2011-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:C S WangFull Text:PDF
GTID:2166330332992519Subject:Law
Abstract/Summary:PDF Full Text Request
According to the traditional personality right concept, the personality right is of the specificity non-property, which means that only spiritual damage will be caused if infringement happens. However, the natural men's personality elements commercially utilized in the daily life show that one's name and portrait right is of the property value, against which the judicial practice guided by the traditional personality right theory is found. Although the property value is protected sometimes, the law and legal principles the protection practice is based on are ambiguous. In this thesis are reviewed the history of personality and personality rights, the former of which, particularly the personality ethical concept and the personality right theory influenced by this concept are of the feature of openness, and are under continuous improvement. It will not be necessary for the personality rights to exist, nor possible for it to develop unless the personality rights, which is regarded as a means, meets the requirements of the personality, which is viewed as the purpose. Therefore, the personality right theory and legal design which couldn't be used to deal with the utilization of personality elements should be changed. The relationship history between personality right and property right is researched in this article, from which they two have come through the course of confusion, separation and fusion, and it is concluded that they are neither opposite nor repellent. The commercial use of personality elements is further analyzed. Besides, what is disposed in the commercial utilization of personality elements of the natural person is the interests of the personality right, which is of the feature of personality right, and the individual Personality Rights is of property, which lays a foundation for the solution of utilization and protection of personality property right under the frame of law.The author in this paper has made a comparative study of the regulations for personality rights property interests protection between American The right of publicity and German unified rights mode, from which it is supposed to be helpful for us to find effective ways for the protection of personality rights property interests in China. In American public rights, the property interests in the personality right are confirmed as an independent property rights, and the spiritual interests and property interests are protected through privacy rights and open right systems.Through the enrichment of the connotation of traditional personality, spiritual interests and property interests are protected as a whole in the German unified right mode, and the mode of damage calculation concerning the infringement of the property interests of personality right is regulated in details. It is concluded through the analysis of Chinese personality right system and thelegal cultural traditions and reality that the open right rooted in the British and American legal cultures is not suitable for China, and suggested the mode of personality right property protection by introducing some of ideas from German unified right mode. By combination with our country's relevant law system, a constructive mode of protection of China's personality property interests has been suggested in the last part of the paper. It is proposed that relevant laws should be established so that the protection coverage, basis of right to claim, calculation of the specific losses and the heritage can be solved.
Keywords/Search Tags:Personality Rights Property Interests, Individual Personality Rights property, basis of right to claim, calculation of losses
PDF Full Text Request
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