地名管理中若干法律问题探微——兼对一起楼名权行政诉讼案件评析

地名是用以确定或代表某个地方并与其他地方相区别的文字符号和标记。地名权的本质属性是人身权。地名经过一段时间使用后会获得一定的商业价值,由此而转化得来的利益应是一个派生权,其原生权仍属人身权。因此大楼更名权的诉讼,是具有人身权内容的行政诉讼。地名权属准共有的范畴,为所有权人共有,应适用所有权共有制度中的有关规定。

On Several Legal Issues About Regulation of Place Name

The place name is some character symbol and sign that is used to define or represent a place and distinguish this place from other places. The nature of the right to place name is personal right. The place name will get some commercial value after being used for a while, so the interest transformed therefore should be a derived right, whose original right is still personal right. Therefore, the litigation related with the right to change the building name is the administrative litigation that includes personal right. The right to place name is within the scope of quasi co-ownership, owned by all proprietors, so it should apply rules prescribed in the co-ownership system.