The Protection Of Property Interest Of The Right Of Portrait In Civil Law

As a specific personality right,the original meaning of portrait right is to protect the personal interests of natural persons and ensure the right of individual survival and development to be respected.In the space of traditional civil law,portrait right is specific and shall not transfer to others,so that it can be use for protection when the right is infringed.However,with the development of modern business,the portrait right of natural person is used by commercial enterprises,which is a universal way in today's society.However,there are still great problems in the legal aspects of the protection of property interests related to the business use of portrait rights.There is great discussion about how to solve these problems.This essay tries to make a comprehensive understanding of these problems and try to propose a way.Specifically,there are three main chapters.The first chapter mainly introduces the protection mode of the property interest of natural person's portrait right.The first model is setting up special property rights,in America,for example,by building the right of public to portrait and name property interest of personality sign.So that you can claim to the property interests on the portrait.The other model is to expand the connotation of personality rights.That,the right of personality is not only to protect the spiritual interests related to personality and identity,but also to protect the interests of property acquired in the name and portrait of the person and so on.The most famous example is Germany.Based on these two models,our scholars also have constructed the corresponding protectionmode idea and proposition.This essay analyzes the corresponding models and puts forward their own views in the present legal framework.The second chapter holds the thoughts in the first chapter of the proposed model,and then tries to learn more about further questions.Just like how to answer the questions who have the right and how to do?About “WHO?”,there are mainly two problems to solve.The first is whether the ordinary people have the right to hold of property right in portrait.Second,in the case of collective portraits,the individual and the collective for the portrait who can claim and protect the rights.The third chapter is about whether the property interests of the deceased's portrait right can be protected by inheritance.View of this article is a natural person's rights of property interests can get real protection through inheritance,but compared with other property inheritance,the inheritance should be applied to certain restrictions,so that the rights would not be protected forever.The fourth chapter discusses how to apply the law to the protection of the property interests of portrait right.Firstly,some cases are sorted out in order to know the problems in dealing with cases.Then,forsolving the problems,the essay puts forward some ways,and makes the ways are suitable to the development with our country.