Research On The Legal Problem In The Commercialization Of Right To Personality

The traditional theory of Civil Law considers that the personality right which possesses specificity but can not be transferred and inherited is enjoyed only by the body of right. The legal protection of personality right only protects none-property benefits of personality .i.e. pure-psychological benefits. With the development of modern science and technology,deepening of market economy and developing of news and media, the personality right of natural person begins to possess more and more direct property benefits and be used by commerce. The commercialization of right to personality has become a developing tendency. Firstly, the thesis introduces general principle and history of personality right, which point out the developmental tendency—emphasizing the economic benefits of personality right to natural person. Secondly, analyzes the legitimacy of the commercialization of right to personality ,which must obtain the support of legitimacy, is analyzed from social foundation, theoretical basis, legal basis and economical effect and demonstrated the legitimacy of establish of the commercialization of right to personality. Then, the article introduce the legal style of the commercialization of right to personality, which is sufficiently implemented depending on being used by others people. The use system of the commercialization of right to personality is the bridge of interest which connects user and possessor. The main style of the commercialization of right to personality is agreement to be used by others people. In reality, the agreement to use the personality right principally embodies evaluation for investment, image ambassador, name of sponsor, agreement of his name as company name, permission of his name, portrait as trade mark, allowing his name to register domain name by others people. The other style of the commercialization of right to personality is commercial use of the dead of personality right. The last, the thesis discusses the protection of the Civil Law to the commercialization of right to personality. Seeking to relieve in the course of the commercialization of right to personality when right is offended is a problem which is generally paid close attention in the modern state with an adequate legal system. On the base of the general principle in the Civil Law such as equality, voluntary, justness, trust, and none-abuse right, The main relieve means are compensation of property damage and adopt the other responsible approach. We improve the law system of personality right from consummating the right of name and portrait, agreement with the transfer of the part personality right, to regulating the relative heritance of the relative personality right in china.