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On The Personality Rights Of Civil Law

Posted on:2006-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:S Z LiFull Text:PDF
GTID:2206360155465882Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The content of human rights, Personality and personal right is identical .Which advocates people should be treated as human beings and their dignity and freedom are respected. Civil protection of personal right can't be replaced by institutional protection. Personal right should be prescribed as a kind of important civil right in civil code . The concept "right of general personality" has an important influence to personal right legislation in civil code. But considerable disagreements on some fundamental concepts in this system still exist. The right of general personality is a legislative technique actually in which the value to protect, personality universally Can be realized by adopting diversified method in legislation. So we can divide the right of personality into personal dignity and Personal freedom, etc, which all are individual personal right. Then judicial interpretation should take the responsibility to make clear the content and scope of both rights. By doing so, We can protect the newly-appeared personal interests. On the other hand, We can prevent negative aspect caused by expansion of personal right.
Keywords/Search Tags:Personality, right of personal dignity and freedom, Personal right, Revision of civil code
PDF Full Text Request
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