2009Legal ForumRequires access

On the Focus Problem When Making the Right law of personality

Miao Yan-bo

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Abstract

The legal concept of the right of personality was formed in the 16th century to the 19th century,it gradually developed into a relatively independent of the theoretical and legislative system,with the world of modern civil law theory and the formation of the legislative system is almost synchronous.I fully support a separate series of moral rights law.Moral rights law only provides for the concept of the right of personality,types,and specific content,rather than the protection of rights.Bring the Protection of the right law of personality into the tort liability act,Liability Act,so that could have been avoided two method in the content and systemic duplication and conflict.Privacy,right to a name,portrait rights,publicity rights and so on,such new personality right can be through the exercise of or the right to transfer,permission to obtain a certain degree of economic benefits.

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What this paper is about

The legal concept of the right of personality was formed in the 16th century to the 19th century,it gradually developed into a relatively independent of the theoretical and legislative system,with the world of modern civil law theory and the formation of the legislative system is almost synchronous.I fully support a separate series of moral rights law.Moral rights law only provides for the concept of the right of personality,types,and specific content,rather than the protection of rights.Bring the Protection of the right law of personality into the tort liability act,Liability Act,so that could have been avoided two method in the content and systemic duplication and conflict.Privacy,right to a name,portrait rights,publicity rights and so on,such new personality right can be through the exercise of or the right to transfer,permission to obtain a certain degree of economic benefits.

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Available abstract

The legal concept of the right of personality was formed in the 16th century to the 19th century,it gradually developed into a relatively independent of the theoretical and legislative system,with the world of modern civil law theory and the formation of the legislative system is almost synchronous.I fully support a separate series of moral rights law.Moral rights law only provides for the concept of the right of personality,types,and specific content,rather than the protection of rights.Bring the Protection of the right law of personality into the tort liability act,Liability Act,so that could have been avoided two method in the content and systemic duplication and conflict.Privacy,right to a name,portrait rights,publicity rights and so on,such new personality right can be through the exercise of or the right to transfer,permission to obtain a certain degree of economic benefits.

Key concepts: Law, Tort, Political science, Moral rights, Personality, Publicity, Civil law (Civil law), Legislature

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