论人格物与一般人格权的内在契合

人格物是一种新型物质形态,因其凸显人格利益而明显区别于普通之物,司法解释和实践已为人格物的确立及规则完善提供了良好的基础,并确立了透过物之形态实现人格利益的特殊保护机制。但人格物所蕴含的人格利益并不为法定化的具体人格权所包容,经检视与探寻,若能在未来中国民法典中确立一般人格权这一开放性的人格权制度,则人格物救济的请求权基础当从一般人格权条款中得到合理支持,以补充传统民法理论于此规范之不足。相应地,人格物理论与制度体系的建构将为一般人格权的发展提供新的素材并促进一般人格权制度的现代发展。

The Inner Integration of Personhood Property and General Personality Rights

The personhood property is a new form of property. Because of the obvious differences from the general property, there are some rules and definition of personhood property which is made up by legal practices and judicial inter- pretations, and the special system of personality interests＂ protection is established by the forms of property. However, the personality interest has not been included in the special right of personality. And if the system of general personal rights was been established, the basis of right claim about the personhood property will be sustained by the rules of general personality rights in order to supply the shortage of the traditional civil law theory. The theory and rules of personhood property will pro- vide the practices for the development of general personal rights.