Study Of The Legal Relationship Of The Right Of Goodwill

Scrutinizing the market sufficiently,you would find out that dealers attach much importance to their goodwill,and call for the civil law to secure their rights fully,but goodwill hasn't been independent of other droits in law far away from the social requirements,with vague meaning and fragmentized structure.This thesis aims to interpret the legal relationships constructed on dealer's goodwill and corresponding rights.Goodwill belongs to intellectual products by means of it's character. The right on goodwill is part of intellectual priority.According to the compound structures of law systems of intellectual priority,this article puts forward a new theory of foundational relation in touch with the law systems of intellectual priority.In this theory,the law systems of intellectual priority are divided into several mutual influenced parts, consisting of laws about foundational relations,administrative authorizations,administrations,contracts and torts.The objects regulated by before mentioned law systems are intellectual products,intellectual priority and conducts individually.In accordance with the classification of intellectual priority law,the law systems of goodwill are composed of laws about foundational relations,administrations,contracts and torts.The objects of them are goodwill and conducts respectively.These relationships comprise the owner of the goodwill necessarily,but the counterparts are different in various types.Goodwill is the kernel and the ground of it's law systems.The foundational relation is the basic theory of the law systems of goodwill.Goodwill is a kind of affirmative evaluation on a certain commodity or service offered by a certain dealer,which is given by buyers' market,derived from the quality and price of the commodity or service and the credit of the dealer,and determined by strategies adopted by the dealer eventually.Goodwill is a kind of intellectual product in essence.It can prompt it's owner procure more chances of trade and economic benefits than other rivals.Goodwill is of distinguished economic characters of limitation,difference in deferent time or space and disproportion to it's cost,and legal characters of immateriality,adherence and opportunity.It is distinguished with reputation,business credit,honour, brand and so on.Only if he makes his goodwill universally known,the dealer can't get rights on his goodwill.In law,the items of the rights of goodwill is not restricted by items enumerated by law.In fact,The contracts on goodwill are agreements on rights and obligations about goodwill between all parties,and are often dependent of the main contracts,representing added rights and obligations.Agreements on authorization,alienation,contributive conducts and hypothecation are the main type of contracts of goodwill.The tort on goodwill narrates those deeds invading other's goodwill by positive or passive way on the ground of the fault and led on legal burden.Contrast to other type of torts,The character of the tort on goodwill is very remarkable.The object impaired is a kind of abstract droit.The damage often includes many perplexing aspects.The intruder must be responsible for sequential punishments.This article inscribes the law systems of goodwill on the basis of the law systems of intellectual priority.The main focus is the content of the rights of goodwill,the liabilities,exemption and other topics,aiming to establish realistic rule systems to ensure the dealer's goodwill and protect the order of the market.