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The Study Of Legislation In Personality Rights

Posted on:2011-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:W Q GongFull Text:PDF
GTID:2166360305979719Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
People after the introduction of the draft civil code LAC, for the discussion of moral rights legislation still did not stop. In the complicated theories and arguments reason, this article seeks to grasp the main line of ethics, from different angles, carefully sorted, summarized, summary, and the Civil Code of Personal Right in the institutional arrangements put forward their own views.This article is divided into introduction, body, conclusion three parts.The first chapter examines the historical origins of personality. Than the moral rights of personality in terms of the value of a more ethical significance of expression is one reason why the Inner Meaning of man. From the historical roots of the study of personality, we can see that personality through the Roman period "inhuman people", the slave only biological sense, personality as an identity organizing tool to distinguish whether or whether entirely Juyou personality, multiple personality here with instrumental value. To the French law period, in the pure rationalism and natural law thought, "People, man," is man's intrinsic properties owned, is one of the Zishen the Bukefenli, although at the time the nationality of the law with similar Yiran significance, since after the explanation of jurists, advocates rational people are equal under the law does not favor the unity of its protection, the legal personality to enter the "s protection" stage. To the period of German law, Kant's Ethical Thought of personality, the sense of personal ethics into the legal framework of Personality, Savigny's legal relation, in turn ethical sense of the legal personality from the phase stripping , the right capacity through technical operations and legal fiction, the principal body corporate to narrow the scope of civil law, civil law expanded the scope of protectionChapter II examines the historical origins of personality rights. Historical investigation of right of personality, we know, personality rights of the Creation and development and Moyoujingli Ren Ge Zai Lishi origin of such one hundred thousand Hui Zhuan meaning上refreshing and Bian Qian, create more is Shoudao its positive influences from the law , mainly in the horizon of natural persons within the protection of rights. If the person's inner personality is owned by the original property, its protection not required by law to empower it, then right to protection of personality is required by law, empowerment, rights of way with the legal requirements for the protection of areas connection, is for people with a personality as arising from the many material and spiritual interests of the empowerment of protection, and, right of personality as a non-natural persons, legal persons eligible to obtain civil subject validator.Chapter III to Personal Rights Perspective, explores the ethics legislation in the right personality impact encountered. Created in the course of the general personal right, representative of the German model and the impact of the Swiss model. Both in the theoretical starting point and the right to set different paths. , In the right design path, Germany, China and France to protect the general personal right and not initially been resolved within the framework of civil law rights, but goes back to a constitutional level, the first general personality right to give constitutional basis for the right position, then return to civil law framework , through interpretation, since the general personal right to protection. Germany, China and France to maintain its strict embracing logic and rights framework itself is no doubt very good at the same time, the judge how the dynamic inner self-reflection and choice, interpretation, application of the law also made no small challenge. "Swiss Civil Code" direct legislation, in the civil law within the framework of solving the problems of the general personality right, do not, and Germany, China and France, as in the acquisition of the rights of many setbacks, most judges play a "law maker" role application of the law is working well to achieve perfection.The fourth chapter discusses the moral rights of existing legislation and proposed legislation on the right model of personality is in fact the controversy over the nature of moral rights argument is value rather than the technical means on the level of debate. Personality rights are natural rights, not constitutional or civil right, but not with the absolute domination of power. Arrangements in the legislation without the personal rights as an Independent, but by way of relief in the tort law for protection of the right personality to be provided, in the natural chapter may be provided on the general personality right.
Keywords/Search Tags:Personality, Personality right, Ethics, Legislation
PDF Full Text Request
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