Studies On The Property Interests And Legal Protection On The Right Of Personality

The right of personality is the right entitled to the civil subject to exclude the others' infringement on the personality interests such as life, health, name, portrait, reputation, privacy, credit and other personality interests. The civil law system, the right of personality is in principle non property right, and embodies human dignity, freedom and spirit value. With the development of science and technology and the commercialization tendency of market economy, the elements of right of personality such as name, portrait, voice, image, etc., which originally do not possess commercial properties and possibility are constantly applied to various commercial use. These elements of personality not only shows identity of the subject of right, but also brings the potential for the obligee to gain the economic benefits, and economic value of some elements of right of personality is increasingly highlighted. However, so far, the complete or unified theoretical basis and institutional framework has not been formed at home and abroad, or comprehensive protection has not been provided for property interests in right of personality. In China, although relevant laws acknowledge the property personality of natural person, such as the name and the portrait, they are not perfect, and there is lack of the corresponding legal basis in a tort case to offer remedy for the loss of the obligee. Therefore, the law protection on the current property interests of the right of personality has loopholes and considerable lower costing the interests infringement of and the appropriation of others' personality mark brings considerable interests, making the infringement cases on property interests of right of personality often seen.This paper is composed of four parts and applies concept analysis method and comparative research method, with a view to analyzing and discussing the legal protection of property interests of right of personality. Part One and Two summarizes the right of personality theory, defines the concept and characteristics of property interests of right of personality, and entitles the rationality of the protection of the property interests of the right of personality. Part Three applies the comparative research methods mainly focuses on the relevant rules of the American and Germany on the protection of property interests of right of personality, makes analysis and comparison in the protection mode, subject and object, permission and inheritance as well as tort relief of property interests of the right of personality and chooses the legal system most suitable with our country conditions. Part Four returns to the status quo of China, clarifies the theoretical basis and practice mode of China of the current law on the protection of the right of personality, proposes the deficiencies and defects, further proposes the theoretical concepts for the protection of property interests of the right of personality, and puts forward to refer to the Germany unified right mode to protect the property interest of the right of personality.