| （摘要内容经过系统自动伪原创处理以避免复制，下载原文正常，内容请直接查看目录。） 跟着商品经济的成长,肖像、姓名等人格特点被愈来愈多的用于贸易运用,并给相干各方带来了不菲的经济好处。然则,实际生涯中经常产生未经人格权人赞成,私自将其人格特点用于贸易化运用的情况。这类行动假如针对活活着上的人而言,另有救援门路,但假如是私自运用逝世者的人格特点用于贸易化运用,则会见临着诸多的司法妨碍。人格权中既包括有精力好处,也包括有产业好处的不雅点曾经为法律实际界普遍承认。响应的,对于逝世者人格权而言,亦分为精力好处和产业好处两部门。本文旨在经由过程对中德两国就逝世者人格权中产业好处部门的掩护停止比拟和剖析,以期可以或许弥补中公法上针对此成绩的司法破绽。本文重要分为引言、注释和结论三年夜部门,而注释部门又分为五章。第一章扼要的回想了人格权在德国的成长头绪。本章以德公民法典的公布作为时光节点,前半部门对汗青上有主要作用的人物和学说做了扼要引见,后半部门重要引见了德国人格权成长史上的几个典范案例及其作用。本文在第二章中起首对德国《艺术作品权法》中有关逝世者人格权掩护的相干条则做了引见,然后联合Marlene Dietrich案和Der blaue Engel案的司法判决,对德国司法理论中就逝世者人格权产业好处掩护所做的冲破和成长做了具体阐释。第三章是本文的重点部门,本章针对逝世者人格权产业好处掩护的法教义学基本停止了具体的剖析,个中触及到对逝世者人格权产业好处停止掩护所能够触及的要求权,而且比拟权衡了其各自的利害。同时对于逝世者继续人的司法位置,人格权产业好处的可继续性和人格权产业好处的掩护刻日都做了具体的评论辩论。本文第四章对我公法学中逝世者人格权产业好处的掩护停止了引见和评述。本章起首联合司法理论中两个具有主要作用的判决,剖析我公法学中存有的破绽,同时联合判决内容和相干法条,就我公法学中对逝世者人格权产业好处的掩护存有的破绽提出了能够的弥补计划。在第五章中,本文就中德两公法学对逝世者人格权产业好处掩护所采用的分歧轨制设计做了详细的剖析比拟。同时也对两国在司法实务上的差别做了比拟和评判。 Abstract: With the growth of the commodity economy, portrait, name and other personality characteristics are more and more for the trade application, and to the relevant parties to bring a lot of economic benefits. But, in actual life, it is often the case that the personality of the person is not in favor of the commercial application. Such action if the person is alive, and other rescue opportunities, but if it is to use the personality characteristics of the death of the person for the trade application, the meeting is facing a lot of judicial obstruction. Personality rights include not only the energy benefits, but also the industrial benefits of the point of view has been widely recognized legal practice. In response to the death of the personality right, it is divided into two sectors of energy benefits and industrial benefits. The purpose of this paper is through the process of Germany died the cover of the personality right in industry benefits department to carry on the comparison and the analysis, in order to can perhaps make up in public law pin this achievement of judicial rips. This article is divided into introduction, comment and conclusion of the three major departments, and the Department is divided into five notes. In the first chapter, I briefly reviewed the development of personality right in Germany. This chapter to the German Civil Code published as the time node, the first half Department of history has mainly affects the characters and theory made a brief introduction, and the second half mainly introduces the Germans lattice in the history of the growth of several typical case and its effect. In the second chapter, first of all, the article introduces the relevant law of the death of the right of personality of the German "art copyright law", then combined with Dietrich Der and Blaue Engel Marlene case of judicial decision, the German judicial theory on the death of the personality right industry, the protection of the benefits of the breakthrough and growth to do a specific interpretation. The third chapter is the key part of this article, this chapter focuses on the protection of the personality of the death of the legal doctrine of the protection of the basic analysis of the specific analysis, which touches on the personality of the death of the right industry to protect the interests of the cover can be touched by the right to touch, and compared to weigh their respective interests. At the same time on the death of the person to continue the judicial position, personality right industry benefits of the sustainability and the right to the protection of the rights of the industry has made a specific comment on the day of the debate. In the fourth chapter, the paper introduces and comments on the protection of the benefits of the personality right of the person who died in the public law. This chapter first joint legal theory two has an important influence in the decision, I public legal entities of the flaw analysis, and joint decision content and relevant law, flaw is I public legal personality right industry benefits to death cover being proposed to make plans. In the fifth chapter, this paper makes a detailed analysis and comparison of the different system designs used in the protection of the personality right industry of the two public laws of China and Germany. At the same time, it also makes a comparison and evaluation of the differences between the two countries in the judicial practice. 目录: |
