The Protection Of The Property Interests Of Right Of Personality

Based on the rights system of civil "law, the paper starts discussions with the brief introduction of traditional theory of right of personality. In real lives, because the commercialization of right of personality is the essential part in protections of right of personality, the paper discusses the protection of the property interests of right of personality from the perspective of the commercialization of right of personality. Based on the traditional ways of protections of right of personality, by referring scholars'views and legislative experiences of Germany and US, the paper puts forward some suggestions in Chinese protection pattern of property interests of right of personality. The paper expounds the above mentioned point in four parts.The first part is the introduction of the theory of rights of personality. It can be noticed from the object, the subject and contents brief introduction of rights of personality that rights of personality isn't divided into the scope of property rights. However, with the rapid development of modern social economy, the commercialization of right of personality plays more and more important role in protection ways of property interests of the right of personality, while traditional theories of right of personality focus on protections of spiritual interests, protections of property interests of right of personality are ignored, this point is the origin of issues of the paper.In the second part, the paper mainly introduces relevant provisions in laws of Germany and US. Both countries have their own different pattern in protections of property interests of right of personality. The system of rights of publicity of US regards property interests of right of personality as one kind of independent property rights, and protects property interests of right of personality though rights of publicity. By defining protective ranges and establishing the system further in individual cases, Germany protects property interests and spiritual interests of right of personality as a whole.In the third part, the paper acknowledges the necessity of the commercialization of right of personality, and concludes that the nature of right of personality is not impacted by the commercialization of right of personality, in the courses of the commercialization of right of personality, new rights are not produced and property interests of right of personality are also not divided into the protective ranges of property rights. The paper affirms that right of personality can protect its property interests.In the forth part, by referring relevant protective viewpoints, based on traditional protective patterns of right of personality, the paper expounds the protective patterns, succession and assignability of property interests of right of personality.