Research On The Economic Interests Of Personality Right

In the traditional theory of the personality rights, people’s exclusive rights and non-property are two basic characteristics. So there are only mental compensations for the tort. But when the social economic level develops to the stage, the commercial use of the personality rights will come to a huge development. The name rights,the reputation rights and other personality elements will have property value. However, the judiciary practice which are effected by the traditional personality still deny the property value of the personality rights, even though someone admits it, there are some unclear theoretical foundations in the real defending practice. From telling the development of the personality and its rights, this thesis announces the openness of them in the development. This discover of the character proves the theory so as to adjust it to adapt the feasibility of the personal needs. So, in the commercial exploitation of the personal elements, the improvement of the practice which can’t provide the effective protection of the theory and the judicial practice must be done. The theory reviews the relative development between the two rights from their mix, separation and mix. According to this, I expound the attributes of the natural personality elements and appearance property rights. We have some questions which we punish the personality rights and utilize the personal benefits in the practice of the commercial utilization of the personal elements and others. The thesis settles the theory basis for the discussion of personality rights and economic rights.