A Study On The Legal Protection Of Property Interest In Personality Right

This article uses the method of comparative research and historic research to analyse and discuss the definition of property interest of personality right and the reason why we should protect the property interest of personality right. Also, this article compare the German way and America way to protect of the property interest of personality right. Then, this article discusses the situation and weakness of our country on protecting the property interest of personality right.In the first chapter, this article discusses the definition of property interest of personality right. In this section, this article firstly introduces the origin of property interest of personality right; Secondly, this article analyses the concept and features of property interest of personality right. I defined the concept of t property interest of personality right as “ a kind of economic interest realized from the commercial use of personal features, such as name, portrait, enjoyed by natural persons ”. Finally this article compares the different theories on the legal nature of property interest of personality right and points out that we should protect property interest of personality right as a part of personality right.In the second chapter, this article discusses the reason why we should protect the property interest of personality right. This part of the content introduces the basic viewpoints of moral arguments, economic arguments, consumer protection and the theory of personality autonomy and makes a few comments. The writer thinks, the theory of personality autonomy explains better on why we should protect the property interest of personality right and the other theories all have their illnesses.In the third chapter, this article introduces the foreign legal practice of protecting the property interest of personality right. In this section, the German mode and America mode are introduced: In German, moral interest and economic interest of personality features are both admitted and economic interest is not entirely separated from moral interest. But right of publicity is made to protect the property interest of personality right in America.In the fourth chapter, this article discusses the ideas of legislation of protecting the property interest of personality right in our country. In this section, firstly this article introduces the our country’s situation in protecting the property interest of personality right and sorts out its weakness. Then this article analyses the reason why our country should learn the legal practice from German. Finally this article points out that we should improve legislation of protecting the property interest of personality right by admitting the property features of the property interest of personality right, define the way to use property interest and liability for its damage.