人格物继承法律问题研究

Study On Legal Issues Of Succession Of Personality

基于人格物的特性,可将人格物分为团体人格物和个人人格物,针对不一样的人格物在适用继承制度时应有所区别。在继承开始后遗产分割前,对人格物应坚持"一致决"原则,由所有具有人格利益的继承人进行管理和处分,且不发生善意取得的问题。当人格物侵权时,所有具有人格利益并主张继承的继承人应承担不真正连带责任,且所受损失可以向最终确定的继承人追偿。

Based on the characteristics of personality, personality can be divided into groups of people from Gewu and personality, according to different personality should be different in the application of the in- heritance system. In succession after the start before the partition of the inheritance, the personhood should adhere to the ＂unanimity principle＂ by all the heirs of with personal interests management and disposal of re- lated interests belonging to finalize the heir, and not bona fide acquisition problems. When the infringement of personality, personality and interests that inherit people should bear the unreal joint obligation, and the loss can be determined to the heir of the recovery.