Civil Law Protection Of Property Interests Of The Portrait Of The Deceased In China

The portrait of the deceased contains economic value,which can be used commercially,and thus produces economic benefits,that is,the property interests of the portrait of the deceased.For the interests of the portrait property of the deceased,our civil law lacks systematic and institutionalized protection.Article 994 of the Civil Code of China declares the protection of the personal interests of the deceased,and establishes the "rule of taking responsibility" and the "indirect protection mode".This to give the deceased relatives claim and the deceased personality interests of the protection of the rules and to protect the rights and interests of the close relatives of the deceased personality interests protection model,because there is no distinction between the protection of the deceased personality interests or spiritual interests,and cannot cover the portrait of commercial liability for breach of contract,and no clear to the personality of the interests of the interests of the deceased relatives what rights is violated,cannot be comprehensive,properly applied to the protection of the interests of the deceased portrait property.Based on the reflection and response to the above problems,this paper in 2014 a brief analysis of "lu xun portrait infringement",for the portrait of the legal properties of property interests,inheritance(bear)and how to protect,also through the German law "monism personality right protection mode" and the law of privacy and public right "dichotomy" protection way,the way of analysis and system,that the interests of the deceased portrait property property legal properties and inheritance.The property interests of the portrait of the deceased shall be protected in the form of the property rights as the close relatives of the deceased.In order to realize the coordination with the protection of the spiritual interests of the portrait of the deceased,the exercise of the rights of the deceased should be restricted from the aspects of the exercise by law,the content of the rights,the rules of "unanimous consent" and the written requirements.Under the existing civil law framework of China,the protection system for the property interests of the portrait of the deceased is finally constructed from the aspects of the subject of right,the object of right,the content of right,the way of relief and the period of right protection.