| Personality right and property right belongs to the natural person’s two basic civil rights. In the traditional theory of civil law, scholars believe that the reason why the personality right is classified to the personal rights, is because the personality right has specificity, that is personality right does not have property. However, along with the development of economy, personality is more and more used in commercial activity, the economic interests of personality right become more and more important, the traditional personality right theory meets great challenges. So far, due to the civil law of our country has no legal regulation on commercialization of personality rights, judicial practice appears lawless phenomenon to deal disputes.In this paper, through the investigation and study of the basic theory and protection of the right of personality, the comparison of the relevant protection system of continental law system and Anglo American law, the author put forward his own view of legal protection of the commercialization of personality, in order to perfectly solve the problem of commercial use of personality right. |
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