A Research On The Property Interests Within Personality Rights

Personality rights and property rights dichotomy - based civil rights system is the basic feature of modern and contemporary Civil Law. The article first retrospects the historical origin of the concept of personality rights, finding the facts of the expansion of civil subjects and the complication of civil objects under the new historical conditions. Then, the limitations of personality and property dichotomy in traditional civil rights system are dissected. Next, it follows that various forms of property interests associated with personality rights are analyzed in detail: personality rights ,including materiality personality rights and some of free-type spirit personality rights and dignity-type personality rights, do not have the property factors themselves but relate to property interests; personal name right, portrait right and privacy right are indirectly related to property interests, and such personality rights as organizational name right and credit right have direct connection with property interests. On the basis of the above, several ways to protect the property interests connected with personality rights are put forward: first, mainly compensate for property interests loss with that for mental hurt supplementary. Second, explicate the transference and heritage systems of the property interests within personality rights. Third, acknowledge commercialization right and establish the protection for intellectual property rights as the basic means. Besides, some other approaches to the protection for property rights are also mentioned. Finally, the article holds that, the limitations of personality and property dichotomy in civil rights system needed to be introspected, the above various forms of property interests associated with personality rights distinguished clearly, and present protection systems of personality rights must be applied and active exploration of new systems of rights protection is essential. Therefore, effective protection for property interests connected with personality rights can be offered so as to further enhance the level of personality rights protection system and improve civil rights system.