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Droit System

Posted on:2011-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:J G LiFull Text:PDF
GTID:2206330332978769Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Droit de suite is based on a work of art produced by the author's protection a legal system. Its creation has its unique historical background and conditions. The droit de suite was first confirmed in the legislation of France and gradually by Germany, Italy and other countries to accept. Many countries and regions have begun to pay attention to this law to protect artists, so that the balance of imbalance to be corrected. Chinese scholars have begun to explore issues related to droit de suite, and made a number of specific rules in line with the concept of China's national conditions, which has a strong practical significance. In the point of the basic theory of civil law, combined with relevant laws and regulations outside of the specific rules of droit de suite theoretical analysis, the paper tries to make a thorough understanding of issues related to droit de suite, in order to make a point of academic effort.This paper is divided into four parts:The first part is the basic theory of droit de suite. Focuses on the concept of droit de suite , social background of the creation of droit de suite, the legal basis of droit de suite, the nature and characters of droit de suite, and other issues of droit de suite.The second part is the legal rules of droit de suite in other countries and regions, as well as international conventions related. Focus on understanding of the specific rules about droit de suite in civil law, common law and the "Berne Convention for the Protection of Literary and Artistic Works", and conduct a brief evaluation and analysis.The third part is the system ontology of droit de suite and discussion of the relevant issues about droit de suite. Focuses on legal relations of droit de suite and its change, material carrier of droit de suite, the conflict and balance of the ownership of carriers and works copyright, the relationship between droit de suite and the exhaustion of rights, the exercising mode of droit de suite.The fourth part is about specific ideas of China's droit de suite. Analysis of the necessity and feasibility of droit de suite in China, the basic principles of droit de suite, legislative intent and the approach should be adopted, the definition and nature of droit de suite, legislation relations of droit de suite, the collective management, legal liability, transitional provisions and other specific rules.
Keywords/Search Tags:Droit de suite, Artistic works, Author, Object
PDF Full Text Request
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