2012Journal of Fujian Jiangxia UniversityRequires access

From General Personality Right to General Clause of Personality Right

OU Shi-long

Open publisher page 0 citations

Abstract

In German law,The concept of general personality right is formed in order to remedy the insufficiency of listing the special personality rights and the structural problem of the general clause of tort.In our civil legislation,it should be replaced by the general clause of the personality right.The latter should be a norm of confirming the rights,and its function can't be limited in interpretation,creation and supplement,but in the value to pledge and establish reasonable social incentive role.Its content should cover three gradations,such as personality value to pledge,the definition of the personality right and the validity of the personality right.

About this research paper

What this paper is about

In German law,The concept of general personality right is formed in order to remedy the insufficiency of listing the special personality rights and the structural problem of the general clause of tort.In our civil legislation,it should be replaced by the general clause of the personality right.The latter should be a norm of confirming the rights,and its function can't be limited in interpretation,creation and supplement,but in the value to pledge and establish reasonable social incentive role.Its content should cover three gradations,such as personality value to pledge,the definition of the personality right and the validity of the personality right.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

In German law,The concept of general personality right is formed in order to remedy the insufficiency of listing the special personality rights and the structural problem of the general clause of tort.In our civil legislation,it should be replaced by the general clause of the personality right.The latter should be a norm of confirming the rights,and its function can't be limited in interpretation,creation and supplement,but in the value to pledge and establish reasonable social incentive role.Its content should cover three gradations,such as personality value to pledge,the definition of the personality right and the validity of the personality right.

Key concepts: Pledge, Personality, Legislation, Psychology, German, Law, Law and economics, Social psychology

Related papers

Back to paper searchBrowse research topicsOriginal source
From General Personality Right to General Clause of Personality Right — Research Paper | ScholarLens