프랑스법의 초상권론에 관한 일고찰

• 영문명: A thought about the Right of image in France Law - Focusing on the economical use of image
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 고철웅(Go Cheolwoong)
• 간행물 정보: 『비교사법』比較私法 제24권 제1호, 183~216쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.02.28

영문 초록

At the end of 19th centuries, the right of image started to be protected in France. It arrived at a decision by using the right of image to solve the problem about a representation or reproduction without consent of the person who has the right of image. It was approched by the subjective right for understanding the nature of the right of image. Actually meaning of the right of image and name of rights which legal heirs achieved since the first case occurred at the end of 19th centuries. The explanation why it had to be constructed by the subjective right, should be proposed because it was fully qualified for protecting by legal skills on tort law. Recently, from the reason of the judgement that supreme court of france(Cour de cassation) selected to use article 9 on french civil code instead of article 1382, it should be more efficient from the persepective of victim. After 20th centuries, the contract approach started to respond to the economical use of image. The problem at the real case was changed from the representation or reproduction of the image without consent of the person who holds a right to the economical use of image. From the phenomenon of the real case, the most important thing is seeking what the intentions of the parties were at the time of the contract. This approach will be from the legal culture of french law that the binding force of contract is the intention of the parties and also from the fact that it is not clearly divided between contract responsibility and tort responsibility in french civil law. It also could be analyzed the problem regarding the economical use of image with a view to the appropriation of goods in Korean civil law system without using the term of the right of publicity. Because the core problem about the right of publicity is the appropriation of goods as a result of using the image of other

목차

Ⅰ. 첫머리에

Ⅱ. 권리의 관점에서 본 초상권론

Ⅲ. 계약의 관점에서 본 초상권론

Ⅳ. 끝머리에

키워드

right of image france publicity economical use of image consent unjust enrichment