Analysis on laws applicable to existence, ownership and infringement of personality rights
| Project/Area Number |
15K16928
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Kanazawa University |
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Principal Investigator |
HAGA Yuriko 金沢大学, 法学系, 准教授 (90709271)
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥3,510,000 (Direct Cost: ¥2,700,000、Indirect Cost: ¥810,000)
Fiscal Year 2017: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2016: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2015: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
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| Keywords | 人格権 / 準拠法 / 著作者人格権 / 国際私法 |
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| Outline of Final Research Achievements |
This study aims to analyze the law applicable to personality rights, specifically the question of the disposability and of infringement, standing also on the analysis of the personality rights at substantial law level. The lex personalis should be applied to the questions of the right itself, ownership, disposability and so forth. The traditional theory for the question of the infringement shows however its limits because of the change of society and the appearance and development of new technologies such as internet. The connecting factor of the habitual residence, which the actual provision applies is not always the most closest. To deal with this situation, this study has tackled with the comparative analysis of foreign legislation and shown the possibility of the interpretation of the actual provision to distinct the cases according to the type of infringement.
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Report
(4 results)
Research Products
(9 results)
