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北美作业代写:The personality property

2018-05-11 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文-The personality property,供大家参考学习,这篇论文讨论了人格财产。20世纪80年代,美国学者拉丹提出了人格财产的概念,引起了人们对人格与财产的思考。从发生学的角度来看待人格财产,其主要是人格与财产交互作用所产生的结果。在财产被人使用的时候,它反作用于人的心理活动当中,而财产一旦参与了人的心理活动,就被打上了精神利益的烙印。人格财产在法律上既属于人格利益,又带有财产属性,不过在民事法中一般都属于财产的概念。

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In the 1980s, American scholar radan proposed the concept of personality property, which aroused people's thinking about personality and property. In the concept of personality property, there are five main forms of expression, and these five forms have a great influence on law, which is related to law of property law, inheritance law, criminal law and civil law. In Chinese law at first, the personality and property divided, but in real life, personality and property are linked together, this caused people pay attention to the domestic law, and carry out the assets of the personality of legal research. This paper discusses the concept of personality property and then analyzes the legal significance of personality property.

From the perspective of genetics, personality property is mainly the result of interaction between personality and property. When the property is used, it is counter-productive to the psychological activities of the people, and once the property is involved in the psychological activities of the people, it is branded with spiritual interests.

In the concept of personality property, property is the carrier of spiritual interest and personality interest. The so-called personality property, which mainly refers to the interaction between personality and property, becomes the property rights and responsibilities associated with the personality interest. And this represents the personality property that has the personality interest, or the personality property contains the spiritual interest. In the concept of personality property, personality property can be divided into five types.

Because the personality property has the personality interest, the personality property is very significant to the civil law, and the personality property has the following points to the law of civil law:

Meet related to personal property in civil law, and forcing others to rely on its own behavior, to defend their rights should not only consider the justifiable defense, emergency actions, autonomous behavior reasonable limit, should also be considering in the personal property interests of personality, normally, for personality interests consideration than property.

The acquisition and exercise of property rights may not violate the laws and social customs of the state, and the acquisition and use of property shall not harm the lawful rights and interests of others and the public interest. However, in the process of the use and disposal of personal property, it is possible to cause serious damage to the personal interests of the right holder, and the law should intervene.

In property law, if the object of personality property is object, then it should be used to deal with the problem of personality property. In the property law, housing ownership and use right belong to personal property, in relation to the object class at the time of the partitioning of property, personal property is inseparable, the ownership shall belong to have personality interest of one party. In the case of guaranty, the right holder should declare the personal interests of the property in advance, and the law should also restrict the property right of the property. The main thing is to allow the right holder to use the personal property to guarantee, but need to pass the legal recognition ability to undertake the guarantee.

In tort law, if the personal property of the obligee is damaged or forcibly occupied by others, the tort law can be used to claim damages from the infringer.

In the inheritance law, the personality property is included in the scope of inheritance, and in the inheritance of the personality property, priority is given to the distribution of personality property in the content of the will. In the absence of a will, it is necessary to give priority to the preservation of the personal interests.

When the right holder USES the personality property to invest, if the statement does not give up the personality interest in the personality property, then the personality property should be removed from the company's liability property. At the same time, however, it is necessary to increase the direct responsibility of the creditors of the enterprise to the personal property of the investors.

In the constitution of the People's Republic of China, the main principle is "citizen's personal dignity shall be inviolable", and after the property personification, makes the property have the personality interest, so also should be the personality property are also included in the scope of human dignity. In article 39 of the constitution, for citizens residence have explicit laws and regulations, for the residences of citizens of can not be unlawful search of, or intrusion, this means that residential property as a person, because the interests of the people, so also has the personality interests.

In the state compensation law, involving the compensation of personal property shall, according to compensation if people know the property with personality interests to compensate, if compensation for people to know the property with the personality interests, you need to in accordance with the provisions of tort law, compensation for people in the compensation of compensation for mental damage shall be carried out in a holder of the assets of the personality.

In the method of expropriation and compensation, there are strict standards for the expropriation of personality property, while in the expropriation of the personality property, it will compensate the owner of the property right.

Personality property belongs to both personality and property in law, but generally belongs to the concept of property in civil law. Personality property itself with the personality interests, the law ruled in the value of personal property, because the personality itself is not a property value can represent, it is difficult to estimate the value of the real, in general, on the personality of the property disputes can estimate the value of the property itself, and then on the basis of the estimated by property right holder, the judge decide the true value is responsible for.

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