Frontiers of Law in China >

2008 , Vol. 3 >Issue 4: 556 - 582

DOI: https://doi.org/10.1007/s11463-008-0027-3

research-article

On property with personality interests

  • YI Jiming , 1 ,
  • ZHOU Qiong , 2
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  • 1. Law School, Huazhong University of Science and Technology, Wuhan 430074, China
  • 2. Law School, Huazhong University of Science and Technology, Wuhan 430074, China

Published date: 05 Dec 2008

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2014 Higher Education Press and Thomson Reuters
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Abstract

The traditional theory of property and tort law generally denies personality interests in property. In recent years, legislative and judicial practices at home and abroad have turned to care for personality interests in property and to protect it. The property with personality interests can be classified into four categories, namely, (a) property with personality symbolism, (b) property with specific human emotion, (c) property originated from specific human body, and (d) intellectual property from specific human wisdom, the first two of which internalize external matters and the last two externalize the inherent self. Comparing with fungible property, the property with personality interests on the basic of facts and law shall be more protected in legislative and judicial practices.

Key words： property; personality interests; personality property; fungible property

Cite this article

YI Jiming , ZHOU Qiong . On property with personality interests[J]. Frontiers of Law in China, 2008 , 3(4) : 556 -582 . DOI: 10.1007/s11463-008-0027-3

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