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Research On The Legal Issues Related To The Commercialization Of Personality Rights

Posted on:2016-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ChenFull Text:PDF
GTID:2296330464969211Subject:Science of Law
Abstract/Summary:PDF Full Text Request
According to traditional theory in civil law,Personality rights are exclusive rights only by subjects of rights, which can not be transferred and inherited, its object is only to protect the rights of people purely spiritual personality category interests.But with the deepening of the market economy, the progress and development of science and technology, mass media, more and more attention to the interests of the operators of goods and property rights holders to identify inherent personality, personality identification phenomenon is the growing number of commercial exploitation, The first part of the definition of personality right in law to be introduced by the concept of inter-personality rights, moral rights, and the classification of personality rights and property relations analysis, point out the trend of economic benefits has the right personality is receiving increasing attention.The second part of the commercialization of the different aspects of personality right for a detailed explanation, this section specifically including the right to commercialize personality development course, the nature of the subject, connotation,object, people on the right personality to have a comprehensive understanding of commercialization.The third part analyzes the legitimacy from three basic personality rights commercialization, which specifically includes social basis, the theoretical basis of personality rights and economic effects of commercialization, which effectively demonstrate the existence of moral rights and the development of commercialization of legitimacy.The fourth part of the personality right commercialization of protected model comparative law study, this part of the different ways to protect common law countries(regions) and civil law countries on the commercialization of personality rights were introduced in order to commercialize our personality right.The fifth part of the status quo of China’s civil law for the protection of personality rights commercialization analyzed, this section reveals the personality of our existing laws to protect the existence of the right to commercialize the pros and cons, which shows our current legislation on the protection of personality rights commercialization.The sixth part of the commercialization of the Perfection of moral rights protection made two recommendations from perfect right legal system and the moral rights infringement remedies commercialization aspects were discussed, in order to commercialize our laws on the protection of personality rights to more.The seventh part of the full text of a summary of the protection of personality rights commercialization development high hopes.
Keywords/Search Tags:Personality right, Commercialization of right to personality, Perfect the legislation, Compensation for damages
PDF Full Text Request
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