On July 5, 2020, the twelfth lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Zhang Hong, a doctoral tutor at Wuhan University School of Law, and director of the Civil Law Research Institute of China Law Society, gave a twelfth lecture on the theme of “The Protection to Personality Right in the Civil Code”. The lecture was chaired by Prof. Qin Qianhong, a doctoral tutor at Wuhan University School of Law.

Prof. Qin Qianhong introduced Prof. Zhang’s outstanding academic achievements in personality right law, and also introduced Prof. Zhang’s new paper, “The Legislative Theory of Personality Right in the Civil Code”.

Prof. Zhang expressed his gratitude to the teachers of law school for their presence, and interpreted the important system of Personality Right Part in the Civil Code from five aspects: personality right system, the right to claim personality right, the compensation for spiritual damages in breach, the protection of personality interests of the deceased and reasonable use of personality right.

First of all, Prof. Zhang introduced the significance of Personality Right Part in the Civil Code. The Civil Code provides for the system of personality rights, including the specific personality right and general personality right (Article 990). Although there are only 51 articles, the content of personality rights will be enriched with the emergence of new personality interests in the foreseeable future.

Secondly, Prof. Zhang interpreted the issue of the right to claim personality right. The claim of personality right includes the right of using personality (Articles 993, 1012, 1013, 1018) and the right of defending personality (Articles 997, 1028, 1029, 1037). Different from property right, the right to claim personality right cannot be stipulated in the tort law, so it must be regulated by a separate part of personality right.

Thirdly, Prof. Zhang introduced the issue of compensation for spiritual damages in breach. Article 996 of the Civil Code can be understood as that the parties may claim moral damages in their liability for breach of contract. In judicial practice, the court also leaves space for the claim.

Fourthly, Prof. Zhang discussed the protection of personality interests of the deceased. Article 994 of the Civil Code provides for the protection of the personality interests of the deceased. Professor Zhang also introduced the protection of hero’s personality interests in connection with the latest amendment to the criminal law

At last, Prof. Zhang introduced the issue of reasonable use of personality right. The Civil Code provide for a normative system for it (Articles 999, 1020, 1036). Prof. Zhang pointed out that the personality right law is largely developed from precedents, and only in the cases can we

Prof. Qin expressed his gratitude to Prof. Zhang for his lecture and expressed several comments from the perspective of constitutional law. First, there is a need to divide the personality right in constitution law and the right in civil law. Second, the concept of general personality right developed in German law has its special legal environment, and whether the concept is stipulated in the Civil Code of China remains to be discussed. Third, the provisions of personality rights will involve the conflict of rights, which requires the implementation of the constitutional value.

Prof. Qin once again thanked Prof. Zhang for his wonderful speech. The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing