人格派生财产权初探

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Preliminary Research on Property Rights Derived from Personality

＂Commercialization of Personality Rights＂ and similar argument,make Personality Rights have dual attrib- utes, subvert the old cognition of Personality Rights and shake logical judgment and value judgments of Personality Rights that we shared before. The argument of ＂Property Rights Derived from Personality＂ thinks that on the basis of Personality Rights the Rights holders also have Property Rights Derived from Personality. Property Rights Derived from Personality and Personality Rights are two intrinsically linked civil rights. Personality Rights are the basic legal relationship of Property Rights Derived from Personality. The object of Property Rights Derived from Personality is personality factors that have been informatizated and can be informatizated. The owner of Property Rights Derived from Personality can use his own personality factors to establish Usufructuary Debt with others. Usufructuary Debt as Property Rights can circulate in the market. Property Rights Derived from Personality can be inherited. Portrait Rights, Name Rights, Privacy Rights, Sounds Rights and so on are concrete Personality Rights and negative rights to prohibit. The economically active use of portrait , name, privacy, sound and other personality factors is not the inher- ent and itself content of Personality Rights, is the content of Property Rights. On premise of the use of portrait is that portrait needs to be transformed into image. Image is one kind of information. Name , sound, privacy are also one kind of information, and can be used as property to usufruct.