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Persönlichkeitsschutz juristischer Personen des Privatrechts im deutsch-chinesischen Vergleich

Nomos,  2023, 326 Pages, E-Book

ISBN 978-3-7489-1754-0

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englischWhether legal persons are to be granted protection of personality, it seems no longer doubtful in practice, but still problematic in the literature. To this question, German law has recognized a general right of personality of legal persons in accordance with Art. 2 Abs.1 and Art. 19 Abs.3 of constitutional law. On the contrary, the latest Chinese Civil Code has rejected it. In view of the similar social need for the protection of personality of legal persons and the different systematic construction, the study directs a German-Chinese legal comparison of the protection of personality of legal persons in civil law. As a result, it is worked out what the general right of personality of legal persons means in German law and why it is rejected in Chinese law, also what new own protection mechanism in relation to special legal interests legal persons need.

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