The Protection Of Property Interests On Personality Of The Deceased

Nowadays, portrait, name and other personality traits are more and more used for commercial purpose, and it brings huge finical benefits to the relevant parties. However, the personality traits are used for commercial purpose without the consent of the right of person is also a very common issue in our real life. If the above cases are against living person, there are many ways to remedy such behavior, but if the above cases are against deceased person, then there will face many legal obstacles. The idea of personality right which contains both mental benefits and propertied interested has been widely accepted as a legal theory. This legal theory applied to the deceased people as well. So, the aim of this thesis is through comparison of the right of protection of property interests on personality against the deceased people between Germany and China, to figure out some possible solutions to improve this issue for our Chinese law.This thesis is mainly divided into three parts:introduction, main text and conclusion, also the main text part is composed of five chapters. In the first chapter mainly gave a brief review about the development of personality right in Germany, which is based on the German Civil Code as time point. In the first part introduced some famous historical figures and doctrines, the second part mainly introduced some typical cases and their influence in the journey of German personality rights development.The second chapter first introduced the article of German "Art Copyright Law" and their relevant provisions about the protection of personality rights of deceased people. Take the Marlene Dietrich case and Der blaue Engel case as example, introduced the development of German law against the personality rights protection of the deceased people.The third chapter is the main part of this thesis, this chapter carried out the detailed analysis of the protect property rights of the deceased people base on legal dogmatic, which involves in the claim for protection the property rights of the deceased people and the comparison between the advantages and disadvantages. Meanwhile, the legal right of the heirs, the inheritable of property interests on personality and the term of property protection were addressed in this chapter.In the fourth chapter presented an introduction of the property interests on personality of the deceased people in China. First of all, some defects in our law articles were addressed based on two famous verdicts. Then, some possible suggestions were given based on the law content and the final judgment, in order to improve our Chinese law for protection the property interests on personality of the deceased people.The fifth chapter discussed the differences on China-German legal system for protection of the property interest on personality of the deceased. And the difference in the judicial practice between these two countries were evaluated and analyzed.