The Nature and Inheritance of the Title Right of An Enterprise as Legal Person
He Xiao
Abstract
He Xiao
Abstract
The view that the title right of an enterprise as legal person is considered as a personality right has changed into a thinking direction in the academic circle, however, the personality right is unable to contain the direct and thick property benefit of the title right of an enterprise as legal person, meanwhile, considering the treats of the title right of an enterprise as legal person and meeting the international trends, we suggest that the title right of an enterprise as legal person should be regarded as a type of intellectual property rights. Cant the title right of an enterprise as legal person be inherited? Actually its simple to reply. But some scholars confuse the subject of the title right of an enterprise as legal person and the distinction between the title of an enterprise and the title right of an enterprise as legal person, so as to make an inproper judgement. Therefore, the question is worth discussing.
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The view that the title right of an enterprise as legal person is considered as a personality right has changed into a thinking direction in the academic circle, however, the personality right is unable to contain the direct and thick property benefit of the title right of an enterprise as legal person, meanwhile, considering the treats of the title right of an enterprise as legal person and meeting the international trends, we suggest that the title right of an enterprise as legal person should be regarded as a type of intellectual property rights. Cant the title right of an enterprise as legal person be inherited? Actually its simple to reply. But some scholars confuse the subject of the title right of an enterprise as legal person and the distinction between the title of an enterprise and the title right of an enterprise as legal person, so as to make an inproper judgement. Therefore, the question is worth discussing.
Key concepts: Legal person, Judgement, Subject (documents), Inheritance (genetic algorithm), Personality, Law, Intellectual property, Property (philosophy)