| Personality right theoretical research of civil law stratification originated from German legal sciece in the 19th century, the personality right concept developed from the natural person's personality as embryonic form. Legal person has also personality, but the theory work is very few of research on contacting legal person with personality right, the main reason is that there is dispute about whether legal person enjoys personality right or not, either is believed, legal person has personality, so it has personality right inevitably; either is thought, legal person's personality does not have the natural person's personality attribute, so it doesn't personality right. Whichever viewpoint regardless of it, all has leaded theoretical research on the legal person's personality right to lag relatively. The author is precisely based on this research situation at present, adopts a standpoint that legal person is of personality right, utilizes comparative law, law history, law explanation study and real analysis research methods, makes a preliminary discussion to the legal person's personality right historical evolution and legal background of its establishment, the system and the characteristic, the right exercised and its civil law protection. In this foundation, the author puts forward legislative proposal on the legal person's personality right. The article is more than 40,000 characters and is composed of the foreword, the main text and the concluding remarks three parts, the main text includes five chapters, each chapter of content is summarized as follows:Chapter one traces the historical evolution of legal person's personality right and legal background of its establishment. This chapter divides into three sections, firstly inspects personality's establishment of the legal person, based on natural person's personality evolution, analyzing difference among the personality and the civil main body and the right ability, expounding from the natural person's personality to the legal person's personality is the product of the social economic development and application of legal technology. Section two elaborates from the legal person's personality to its personality right is not the synchronization in the civil legislation, but has experienced long and winding developing process. Section three involves the legal backgrounds about its establishment in three aspects: the legislative policy judgment, the theoretical proof and the utilization of legal technology.Chapter two analyzes the system and the characteristic of legal person's personality right. This chapter divides into two sections, section one points out that its traditional systematical division is insufficiency, analyzes its object, expounds its system should include the right of name, of reputation, of credit and of secret. Its characteristic appears by compared with the natural person's personality right and legal person property rights, so section two has distinguished it and the natural person's personality right, the legal person's personality right and legal person property rights.Chapter three discusses how to exercise legal person's personality right. it should conform to the general rule which the personality right is exercised and can be exercised by subject, but it manifests mainly economic interests, which makes it essential and possible transfer to be exercised by others. This chapter has discussed the rationale and the ways that it transfers to be exercised, including three kind of ways: the right authorized permission, the investment and the right transferred.Chapter four does a comparative analysis the civil law protection of legal person's personality right. It is an important content in the personality right system, with the social economy development, it has a new development overseas: firstly its protection way has developed from the sole request right of right infringement into request right of personality right and request right of right infringement existing side by side; Secondly its responsibility form which is undertaken when it is violated to create the non- property harm has developed from the pure non- property civil liability into the non- property civil liability and the property damage compensation responsibility in parallel. Reconsidering our country civil law protection of it, there are defects as below: the extent of protection excessively to be narrow, based on the responsibility angle, to adopt a same protection way as natural person's personality right, the confusion request right of personality right and request right of right infringement, not to stipulate non- property damage compensation and so on..Chapter five proposes legislative suggestion from the legislation style and the content two aspects about the legal person's personality right. Firstly the author defines the personality right regulation's extension and the connotation, next analyzes the legislative style overseas and our country several viewpoints in the formulation civil code process, finally proves that the personality right law should have its own style independently and the legal person's personality right must adopt the legislative style which distinguishes it from the natural person's personality right. The basic content of legal person's personality right includes three aspects: its elementary theory, its type and exercise and its civil law protection.This article selects a topic which is rich in connotation and involves a broad knowledge scope including all knowledge spot nearly in the civil law such as civil main body, right, personality right, property rights, contract, tort and civil liability; At the same time the content spans a big space and time, from ancient Rome law to modern civil law, moreover because many systems of legal person's personality right originated in the related systems in the continental law overseas, comparison and analysis of correlative law system and the research results in the continental legal system country and our country Taiwan area occupy the important status in this paper.
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