2025年8月20日 周三
Research on the legislative model of personality and personality right
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    Abstract:

    Personality right is different from personality; it is not a part of the subject system. It is different from property right; it can't be classified into property right. It is different from its right of claim; its general content can't be limited to the provisions of tort law. The legislative model of personality right in civil law should be divided into four levels: the basic principles of civil law as legal basis for ethical value of personality; the subject system of civil law as logical premise to transform such value into right; separating the personality right from the subject system and establishing its independent rights system and rules; taking a retreating-ceding model for the relief of personality right.

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马俊驹.人格与人格权立法模式探讨[J].重庆大学学报社会科学版,2016,22(1):184~196

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History
  • Received:October 02,2015
  • Online: February 24,2016
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