From General Personality Right to General Clause of Personality Right
OU Shi-long
Abstract
OU Shi-long
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.
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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