论人格物的民法保护

A Study on Legal Protection of Property for Personhood

人格物具有人格利益和财产利益的双重属性,但并非人格权和财产权的简单叠加,其所载人格利益远大于其本身的经济利益,基于人本身及其情感利益而生。但现行立法就此没有专门规定,此类案件在实务中便成了"漏网之鱼"。将来就保持未来民法典体系化方面而言,不能简单的把人格物纳入到现有人格权体系或将其归入到物权法中加以粗略保护。于是,如何在民法体系中对人格物加以周全地保护,便成了当务之急。

Personhood property has the dual nature of personality interests and property interests. Yet it is not a simple superposition of personality rights and property rights in that the personality interest is greater than its economic interests, both of which are based on the personhood itself and its emotional benefits. But due to the absence of specific provisions in the present legislation, such cases would often slip through the crack in legal practice. To ensure that the systematization of civil code be kept in the future, personhood property should not be simplistically put into the extant system of personality right or roughly attributed to property law for protection.Therefore, thorough protection of personhood property in civil law becomes an urgent problem.