Author(s)

Liang Hao ¹

Affiliation(s)

¹ Anhui University of Finance and Economics, Bengbu, Anhui, 233030, China

Corresponding Author

Liang Hao

ABSTRACT

Article 1182 of the Civil Code stipulates the order of application of the return of profits from personality rights. However, in judicial practice, when determining the amount of property damage compensation for personality rights infringement, the court relies too much on discretionary methods, which leads to the court’s discretionary application. It is widespread, and because there is no unified standard for the factors to be considered by the courts, it has also caused the problem of different judgments for the same case in practice. In this regard, the application conditions of the court's discretion should be strictly enforced to avoid the expansion of the judge's discretion. At the same time, the application of the court's discretionary considerations should be discussed in categories, which can provide relatively certain guidance for judicial practice.

KEYWORDS

Personality rights; amount of property loss; amount of profit; court discretion

CITE THIS PAPER

Liang Hao, Court Discretion in Property Damage Compensation for Personality Rights Infringement. Science of Law Journal (2024) Vol. 3: 35-44. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030306.

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