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General Personality Right In German Basic Law

Posted on:2021-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhuFull Text:PDF
GTID:2506306131992579Subject:Constitution
Abstract/Summary:PDF Full Text Request
The debate on personality right has been going for a long time.The main reason behind the debate on personality right is mainly caused by different understanding of the basic theory of personality right.These differences lead to different countries’ legislation on personality right,such as general personality right,specific personality right and legal personality right etc.Though this article does not illuminate all the disputes of theory about personality right,through the analysis of the basic law of Germany article 1,this article clarifies the basic law of Germany on human dignity and the general personality right,the relationship between terms and the development of the general personality right to human dignity.Then it distinguishes the concept of human dignity and the general personality right and boundary.Finally it creates the general personality right path of development in the German basic law in order to provide some feasible suggestions on personality right protection of our country.The first part of this paper mainly introduces the origin of the "human dignity" clause and its status in the basic law of Germany,and then discusses the origin of general personality rights.The second part mainly describes the construction path of personality right and general personality right in Germany.The third part illuminates the relationship between "human dignity" and general personality right.The conclusion summarizes the above and puts forward some suggestions for enacting a law to protect the personality right in China through studying the construction of personality right in Germany.
Keywords/Search Tags:Human dignity, General personality right, Free development of personality, Specific right of personality, The personality interests
PDF Full Text Request
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