On general personality right
Xiuqin Yang
Abstract
Xiuqin Yang
Abstract
Through an analysis of the concept of the general personality right and its historical retrospect,the paper concludes that the general personality right is the supplement of the special personality right and is the recapitulate right.The general personality right is the necessary result when people have recognized the deficiency of the human rationality.While it is not enough to prescribe the general personality right merely in the civil code,it is necessary to establish the principles and standards when applying the general personality right in justice by using the ways of the developed countries,such as of Germany.Compared with the special personality right,the general personality right has the function to modify and supply the existing law.
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Through an analysis of the concept of the general personality right and its historical retrospect,the paper concludes that the general personality right is the supplement of the special personality right and is the recapitulate right.The general personality right is the necessary result when people have recognized the deficiency of the human rationality.While it is not enough to prescribe the general personality right merely in the civil code,it is necessary to establish the principles and standards when applying the general personality right in justice by using the ways of the developed countries,such as of Germany.Compared with the special personality right,the general personality right has the function to modify and supply the existing law.
Key concepts: Personality, Rationality, Psychology, Personality disorders, Function (biology), Social psychology, Law, Political science