The Civil Law Protection Of Economic Interests Of The Right Of Name

As the traditional personality right, the right of name is the spiritual interest of the r person.The power of the right of the name is the power of decision,use and change. The subject of the right of name can be exclusive to the interests of the right of name, and exclude others from interference. In function, the right of name has the recognition function, and the other person can distinguish the different civil subjects by name. Name, at the same time, from the personal point of view is the basis of respect and is a symbol of personality, constitute a part of the content of the right of personality. By referring to the name, we think of a lively person, so the name can be used to distinguish the civil subject and the role of personality characteristics. And in commercial society, the name is no longer simply used to distinguish civil subject, reflected in the personality characteristic of the main body, which can be commercialized, the civil subject and the specific connections, used to promote the sale of goods or services, name in commercial society become a source of market information. The name also has the economic value, especially the name of the influential person in the society.The protection of the economic interests of the right of name is now in the vacuum of legislation..The law did not make a clear rule. And the law does not prohibit the t commercial use,.Since there is no law expressly provided, the same case will often get different results. This article will start from the judgment, and study the common and the differences of our judicial decision.General application of the rules for extracting common rules from common features. To analyze the differences, find a reasonable sentence. Secondly, the foreign countries, especially Germany and the United States have already had a perfect theory and case in this issue.. So this paper will focus on Germany and the United States of practice. Find out where we can learn from. After the case studies and foreign law studies, this paper will combine the basic theory of tort law, the right of the name of the economic interests of the infringement, the withdrawal of the right system.Under the guidance of the above methods, this paper will first introduce the basic theory of the right of name. Including the basic power of the right of name. Then, the author studies the spiritual interests and the division of the interests of the property and the personality, and draws the conclusion that the right of the name can protect both the spirit and the economic interests. On this basis, the legal connotation of the economic interests of the name right is studied..Because of the economic interests of the right of the name and the interests of the general property, it has its own particularity, so it has its own uniqueness in the constitution of the infringement..For this unique German and the United States have a mature theory, therefore, this paper will introduce the relevant practice and theory of United States and Germany. After investigating the practice of the United States and Germany, this paper puts forward the suggestion to form the views about the constitution, the right to withdraw. this paper considers that the behavior of the infringement means the emergence of damage. The infiingement should be included in the liability of the fault. Even if the right of name contains economic interest, but right of name occupies core position is spiritual interests, so to authorize others to use their own names shall give people the right to right of withdrawal to safeguard the interests of their own spirit, the economic interests of the right of name can not be completely transferred with others, and can only take the way authorized to use. In the aspect of inheritance, the view of this paper is that the economic interests of the right of name can be inherited..In the protection of economic interests of the name rights,there are many and the general protection of property differences, the reason is determines the particularity of the economic interests of the right of name. Therefore, the uniqueness of the economic interests of the right of personal name and the resulting name right infringement of special elements, enable the economic interests of the right of name has become the theme of this paper.