On Property With Personality Interest

The division of property and personhood is the fundamental classification of civil code in modern civil law system countries. But the strict barrier led by this partition prevents us from studying private law as synthetic object.It's a long time before personhood interest in property has been admitted and provided legal remedy. We need to comprehensively consider the factors of purpose and use, time, origin, and rarity of the property in the factual judgment of personality interest in property. While in the judgment of law, we need to consider the balance of formal justice and essence justice, fairness and efficiency. On the problem of whether and how to give protection to personhood interest in property, most countries adopt three patterns. They are affirmative pattern, negative pattern and restrictive pattern. The restrictive pattern admitting the existence of personhood interest in property, and it also interpose some restricting condition. Thereby, on the one hand it protects the personhood interest of oblige, on the other hand, it also prevents the oblige from abusing litigant right and increase the transaction cost, so it is a rational pattern.Property with personhood can be divided into four sorts as fellows. They are property having personality symbolist significance; property placed certain emotion, property originating from the body of a special person and intellectual property. In these four sorts, the first two are similar with comparatively on the character, be to be not to have personality benefit's under general condition. While the latter two have intense contact with a specially person. These four sorts of property have big difference in the representation of personhood interest, so it needs to be concretely analyzed.With the expansion of the object of property and attaching more importance to the value and dignity of human being, property with personhood interest appears the tend of expansion. This has relaxed the stark relation between property and personality, and it also helps us to understand property in a all-round and stereoscopic way.