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Legal Person Personality Right's Conpensation For Spiritual Damage System Research

Posted on:2011-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2166330338484730Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The legal person is a kind with the natural person compound, has theindependent personality the civil main body. Develops from the various countries' law looked, legal person'spersonality power system as well as its damage compensate system, inparticular spirit damage compensate, regardless of is theoretically orin the practice, the development all is not very perfect. Therefore, this article has made the system research from fourchapters on the legal person personality power spirit damagecompensate legal matter.First part, legal person personality power spirit damage compensatehistorical inspection. The author in detail reviewed the legal person personality power andthe spirit damage compensate system historical development in thispart, In 1907 "Swiss People Statute book" first time has made the generalrequirement to the personality power, has not been clear about thelegal person spirit damage compensate system; In 1964 "Soviet Russian People Statute book" explicitly stipulatedlegal person's reputation and the prestige earn to the legalprotection; In 1978 revised "Hungarian People Statute book" to be clear about fromthe law the legal person brings into line with the personality powerprotection category; In some national judicial legal precedents also has approves the legalperson spirit damage compensate the legal precedent. These contents all have provided the historical basis for this articleresearch.Second part, legal person personality power spirit damage compensatetheory basis. The author believed that, the legal person personality independentexistence constitutes the legal person spirit existence the basicbasis; The legal person and the natural person equally enjoys the spiritdamage compensate objective; Violates the legal person personality power not only to be able tocreate the legal person spirit benefit the harm, moreover can causeits member to feel the phrenalgia, therefore, the legal personpersonality power spirit damage compensate has may compensate thenature, has the property compensation is only not full.Third part, legal person personality power spirit damage compensate. The author has comprehensively constructed the legal personpersonality power spirit damage compensate system in this part,thought legal person's general personality power, the name power, theright of reputation, the right of fame and the credit power may takethe spirit damage compensate the object, when turns over to theresponsibility is suitable the mistake responsibility principle,should conform to this principle four constitutions importantdocument, and has analyzed the legal person personality power spiritdamage compensate scope and the amount of indemnificationcomputational method.Fourth part, about legal person personality power spirit damagecompensate system legislation consummation. Before the synthesis the article analysis, the author suggestedexpands the legal person personality power from the law the scope,definitely the legal person personality power spirit damage compensatesystem, and further establishes the legal person personality power thespirit damage compensate suitable principle and the standard.
Keywords/Search Tags:Legal person, Personality power, Legal person personality power, Spiritual harm, Spirit damage compensate
PDF Full Text Request
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