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Analysis Of Personality Rights Conflict

Posted on:2013-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J GaoFull Text:PDF
GTID:2256330425450460Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The“Legal Report”column of CCTV played a classic case, which triggers the author’sthinking on the conflicts of personality rights. This paper hopes to theoretically analyzes somepersonality right conflicts, in order to guide the judicial practice better. Personality rightformulation practical school physical concept, now in the judicial practice, also have use, forexample the new case have the right of general personality conflicts and the right to life, theright to health and bodily rights provisions of the dispute. Personality right conflict of rightsconflict as a, is refers to the civil subject in the exercise of civil personality right, and othersubjects enjoyed other civil rights occurrence collision and conflict, so that the subjects ofrights enjoyed by the personality right and other civil subjects enjoyed other civil rights canco-exist realize civil law phenomenon, he includes law right of personality conflict andrealistic personality right conflict in two forms. Conflict of right of personality must be legalright, proper or customary rights conflict is beyond the scope of this article. In order topersonality right conflict is a visual effect, in this case in the form of personality right conflictmade in two aspects: the classification according to the conflict with the two rights are theright of personality, can be divided into personality conflict between the right and personalityright and other rights of the conflict; according to the occurrence of personality right subjectof conflict is the same as the rights of the people, can be divided for the right person to theirright of personality conflicts and power man and others right of personality conflicts. Thenature of personality right conflict is the main conflict of interest, in order to better from theform on the right of personality conflict causes, this article from the inherent nature ofpersonality right, involving others, exclusiveness and limit of four property right ofpersonality conflicts cause analysis, propose solutions to conflicts are the main ways ofpersonality right the legislative and judicial two way. Legislative route by means offormulating or amending laws, so as to readjust the boundaries and the actual realizationprocess on the personality rights, in order to prevent their possible conflict, and finallyreached the settlement to the conflict of right of personality. Legislative solution topersonality right conflict is beforehand is on guard, with certain universality, but because ofthe limitations of law effect, in the solution of right of personality conflicts have congenital deficiency. But in the judicial practice, judges through the measure of personality rightconflict in value orientation, the personality right conflict is resolved to achieve practicalresults. In the judicial practice the value principle of measuring general principle offorbidding the abuse of rights, the order of value principle, the principle of proportion and theprinciple of public order and good custom to the personality conflict balance weight isimportant, decides to which rights protection, which kind of rights to discard, finally reachedthe settlement to the conflict of right of personality.
Keywords/Search Tags:personality right conflict, conflict of right, conflict of interest, conflict of value, reconcile
PDF Full Text Request
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