The Denial Of The Legal Person's Personality Right

In Rome law, judgement standard of personality expands from single blood relationship in the clan period to region, property, family, sex,nationality, and slave whois liberated,etc,key elements of the identity.It is a kind of identity personality toconstruct the personality on these identity labels,its essence is the means that alaw is used to organize the society and dispose resources,and it only shows thetechnical speciality of personality too.The Civil Code of France,who uses the rational doctrine of the natural law as its soul,stipulates people's rational attribute for the getting accurate terms of personality.Since then,ethics key elements,such aspeople's general,inherent value and dignity, etc,have been included in the basis that personality is made in law and personality begins to show technical and ethicscompatible double attribute.Because economic development has brought about the prosperity of various kinds of groups,legal person's system needs to be established legally quickly. In order to introduce the legal person in the civil subject system,the Civil Code of Germany has united the foundation of legal person's personality and natural person's personality by means of creating the concept of "right ability". However, because the legal person is the result of the push of economic development and of the application of legal technology, the legal person's personality doesn't include the ethics key elements and it utilizes technical quality of personality to appear. And the personality right appears at first in the civil lawof Germany for protecting ethics value of freedom,dignity, reason of people,etc.So, the innate ethics intension of the personality right makes the legal person not toenjoy personality right,and certainly the personality right becomes the natural person's special attribute right.The formulation of legal person's personality right is long-standing in the educational circles and have already become the final conclusion too seemingly.Proposing an oppion that the legal person does not own personality right seems tomake the legal person's right theory logic not to be arranged with by oneself, and many questions appear.About these so-called problems, I think,the term of legal person's personality right should be removed; The legal person not only enjoys the right asked in compensation for the spiritual damages,but also it's name right,goodwill right and credit right,etc,all belong to the property of the legal person in fact;The commercial utilizations of the personality right appearing now don't hinder the denial of the legal person's personality right.Because the legal person does not enjoy the personality right,this will exerta far-reaching influence on the legislation of the personality right in the futurecivil code of our country;the personality right cann't become an independent arrangement;the personality right cann't be arranged in the subject system;because people's ethics attribute should be protected not arranged,so the relevant content ofpersonality right should be stipulated in the tort law part in term of protectingnot composing right.