Research On The Naming Rights Of Charitable Donors

With the rapid development of our economy,philanthropy has shown great vitality,especially after the introduction of "charity law",which makes many charitable activities have rules to follow,and encourages more people to take practical action to participate in charitable activities,and gradually turn it into behavior consciousness,consequently spreading love.The nineteen Party Congress opened a new era for our society,as well as raised the new requirements for charity.The main social contradiction in our country at the present stage of the "unbalanced" insufficient development means that the final mission in the new period of philanthropy is to narrow and balance the differences among all parties according to the characteristics of industry,and to play an important role in the construction of social security system,bringing justice and equity to the society.The first impression of charity is free,so charitable donors donate mainly for obligation.But in order to show fairness and justice,the purpose of this paper is to study the naming right of charitable donors in the rights of charitable donors.The naming right of charitable donors is a kind of rights dependent on the contractual relationship among the donors,the donee and the beneficiary,and is a civil type of personality rights.The first part of the article introduces the definition of charitable donors,naming rights,the naming rights of charitable donors.First of all,it clears the scope of the subject of rights for the study.Then the universal concept of the naming right is discussed,and on this basis,the article further elaborates the characteristics of a special naming right--charitable donors' naming right.The second part introduces the nature and value of charitable donors' naming rights.The article discusses the nature of rights from four aspects :it belongs to the absolute right or the relative right,principal right or accession right,private right or social right,personal right or property right.Then it analyzes the value of the right from the four aspects: the image,the means,the construction and the purpose.The third part of the article introduces the principles of the acquisition and enforcement of the charitable donors' naming right.The birth of charitable donors' naming right is based on a special charitable donation agreement.In this precondition,we firstly discuss the generality of the establishment of a charitable donation agreement.Then we analyze the particularity of charitable naming agreement from three aspects:a single contract or a double contract,the intervention of the beneficiary's will,application of save clause.After the acquisition of rights,the enforcement of rights should be strictly adhered to the basic principles in civil law.Thus embody the guiding and restraining functions of the principle.The fourth part of the article introduces some social disputes caused by the enforcement of right,concentrating in the following aspects: right time limitation,the naming deviates from the original intention,as the name of the donor go bad,right relief and so on.Refer to the related judicial practice of the United States which is a great developing country of Philanthropy,we look for a feasible solution to the dispute.