Personality Right To Request A Study Of The Relationship Of Rights And Tort Claims

From the development trend of the modern civil law, the personality right system has an important position and broad prospects for development in the civil law.Within traditional tort liability, however, the protection of the right of way of personality relief is a single, imperfect, triggering a debate over the relationship between the claim of absolute right and the tort claim of the personality right, forming three different doctrines.This paper is a depth discussion on the relationship between the claim of absolute right and the tort claim of the personality right, and includes some relevant recommendations to improve our country's personality relief system.The paper includes four chapters.ChapterⅠ, Illustrates the legislative and theoretical study for the relationship between the claim of the personality right and the tort claim of the personality right. Through the comparison between the relevant regulations in General Principles of the Civil Law and the review of the two different claim rights in the Continental Legal System and Anglo-American Legal System, the author found that the relief for the personality right in our country is imperfect, raising an argument on the relationship of them, in order to make a good foreshadowing for the following analyzes.ChapterⅡ, the author obtained the difference, with the analysis for the details of the claim of the personality right and the tort claim of the personality in an independent mode, respectively. The claim of the personality right includes the claim of prevent prejudice"; the primary positioning of the tort claim of the personality right is the relief right. Therefore, the main elements of the tort claim of the personality right, including damages compensation, rehabilitation and removing the impact and an apology.ChapterⅢ, in the right time for relief, the two kinds of the claim of the personality will definitely produce competing issues. To seek a balance is the key to solve this problem in the aspects of the protection of rights and the efficiency of the proceedings. It is a reasonable path that to act the announcement of proceedings into the subject matter of ligigation.Chapter IV, to establish is a necessary choice for the legislation of our personality. The Legislative Model of Personality right should refer to the Swedish Civil Code, to claim the claim of the personality right in the personality right, to claim the tort claim of the personality right in the tort right.