Research Of The Personality Of Goodwill Rights

The personality of the right of goodwill refers to the personality interestincluding in the right of goodwill as a special personality right which owned byBusiness subject。The right of goodwill is the right that have personality interest anddirect property interest，and because it’s this characteristic, the personality of the rightof goodwill which was enveloped in the direct property interest have been ignoredlong-term,whether the legislation or academic research, the personality of the right ofgoodwill were not gave due attention.There are several theories concerning the personality of the right ofgoodwill,they are mainly as follows:the doctrine of intellectual property rights,thedoctrine of incorporeal property which exclude intellectual property,the doctrine ofreputation rights and the doctrine of commercial personality right.The coringdifference of these theories are whether the goodwill rights have personality or notand what kind of personality they have. Contrasted with the traditional right ofpersonality,the goodwill rights have the characteristic of inherent generally, exclusiverelatively, defensive not purely, these characteristics are not only the manifestation ofpersonality of the right of goodwill, but also the important standard on determine thepersonality of the right of goodwill. In addition, the relations in personality among thegoodwill rights,merchandising right and the right of authorship,the direct propertyproblem of goodwill are also the important fist question for the personality ofgoodwill right to make a clear distinction.The personality of right of goodwill has itsown scope and content. So far as the scope,the scope of its body is limited to thebusiness subjects; The scope of objectives is limited to the social comprehensiveevaluation.The content of personality of goodwill right refers to the right enjoyed bycommercial subject which was used for maintain the personality interests existed ingoodwill right.In more specific terms, it include three content which are the right toretain goodwill,the right to adjust goodwill and the right to maintain goodwill.The main purpose of this article which study the personality of goodwill right isbringing legal suggestion to improve our country’s norms on the personality ofgoodwill right, hoping to help our country rebuild the legal protection system ofgoodwill right.There are three general ideas to perfect our country’s legislation aboutthe personality of goodwill rights:the first view think the personality of goodwill right should be included in civil law,the second view think the personality of goodwillright should be put in single law of goodwill right,the third view think the personalityof goodwill right should be included in general principles of commercial law.Underthe introduction and analysis of the three thoughts,this article believe goodwill rightshould be set in general principles of commercial law as a commercial personalityright,and the concrete legislation on protecting goodwill right should follow thisviewpoint.