英文摘要 |
The introduction of the balancing of interests approach through Article 998 of the Civil Code does not completely free the normative system of determining civil liability for personality rights infringements from the constraints of the elements of liability theory. Based on distinguishing between material personality rights and immaterial personality rights, specific personality rights and general personality rights, and whether there are pre-defined typical types of infringing acts for immaterial personality rights, Article 998 differentiates between the elements of liability and the balancing of interests in determining civil liability for personality rights infringements. For infringements that clearly define the connotation and extension, and that enjoy self-sufficiency in the exercise of material personality rights, a strict elements of liability approach is adopted. Only in exceptional cases where the law provides specific regulations is the judge allowed to exercise discretion in balancing the interests to determine the corresponding civil liability. For non-material personality rights, which possess strong social significance and often face conflicts of interest, the determination of liability is based on the existence of specific factual elements, particularly the presence of pre-defined typical infringing acts. This distinguishes between the domains where the legal effects of corresponding actions are primarily evaluated through the elements of liability and the domains where the legal effects are primarily evaluated through the balancing of interests approach. |