61Cause and effect, the termination of the contract?

Contract refers to the contract after the establishment has not yet started to perform or not perform all said before, because of one party or both parties mean, early termination of contract behavior.

The termination of the contract including the legal relief and agreed to lift the reason, two different:

(1Contractual rescission reasons):A.Both parties agreed;B.Agreed to lift the conditions of achievement;

(2The cause of legal discharge):

A.Because of irresistible just can not realize the contract purpose;

B.At the expiration of a contract, a party expressly or by their actions made it clear that it will not perform its main obligations;

C.If a party delayed performance of its main obligations, the notice has not yet fulfilled within a reasonable period of time;

D.If a party delays performing the debt or other breach of contract and can not achieve the purpose of the contract;

E.Other circumstances stipulated by law.

   Efficacy: effective contract signed by both parties and terminate or party to exercise rescission, termination of the relationship between the rights and obligations under the contract. Specific performance: after the lifting of the contract, termination is not performed, perform; has fulfilled, according to the nature of performance and contract, the parties may seek restitution, take remedial measures. The termination of the contract does not affect the party's right to claim compensation for losses

62The contract, guarantee way?

Contract guarantee is to urge the debtor to fulfill debt, legal measures to realize the creditor's rights. It has from the attribute, complement, relative independence and clear purpose.

(1To generate the basis guarantee) as the standard, the guarantee can be divided into the agreed security (agreed upon between the parties) and the legal guarantee (law directly produce);

(2In order to guarantee subject) as the standard, the guarantee can be divided into personal guarantee (Third People's credit guarantee subject guarantee, such as guarantees) and material guarantee (the specific property of guarantor as security subject guarantee, such as mortgage, pledge, lien.) The deposit can be classified into physical security.

63Bilateral contract, the right of defense?

In performing bilateral contract including: right of defense, defense right counterpleaing right of simultaneous performance and the unsafe right of defense.

(1) simultaneous performance counterplea refers to bilateral contract parties have not agreed or agreed in order to perform simultaneously circumstances, a party in the other didn't pay for it, it refuses to perform his debt rights;

(2) counterpleaing right refers to the parties are in debt to each other and there is an order of performance, have to fulfill the obligations of a party fails to perform the obligation or rendered non-conforming performance, the other party refused the request of performance rights;

(3) the unsafe right of defense is to perform first party has evidence to prove that the other party have lost or may lose its ability to perform case, may temporarily suspend the performance rights

64The difference, personality right and identity right?

The personality right is refers to the civil subject enjoys according to law to have independent legal personality of the maintenance of civil rights; the right of identity is refers to the civil subject specific identity based and legally protect certain social relations of rights; the main difference between the two in:

(1) the right of different. The subject of right of personality right including natural person, legal person or other organization; the subject of rights of status right is limited to natural person;

(2Different object). The right of personality with personality factors as the object, such as name, portrait, reputation and other rights; object identity is the formation of a certain status relations based on;

(3) rights achieved in different ways. Right of personality in the main birth or after the founding of enjoy, do not need to implement the specific behavior; and the identity rights obtained for different reasons, some identity needs rights implemented certain behavior, or need to have a certain capacity;

(4During the duration of the different rights). The civil main body has the independent personality during all enjoy the right of personality, the personality right has no particular limit; right of identity is based on certain identity exists for the premise, and the premise to the identity of the existence of rights exist.

65Analysis of the right of name, and name right?

(1) name right is the citizen to decide, use, change their names and the exclusion of others illegally such as interference, theft, counterfeiting rights; and the right of name is a legal person and other social organizations shall enjoy the decision, use, changing its name and the exclusion of others the rights of illegal interference;

(2Different subjects, can transfer different). The right of name is the name of a natural person as the object of the right of personality, is exclusively belongs to a natural person's right of personality, and the natural person can not be separated, which shall not be transferable, also don't abandon; subject name right is natural person outside of other subjects, including legal persons and other social organizations, which are often with direct property interests, trade name rights can be transferred;

(3The basic content of different). The basic content of the right of name includes the name, the right to use and the right to decide the name of name change right; the basic content and the right of name is the name of the decision, the right to use the name, the name change name right and the right to transfer.

66The main types of personality, right?

(1The right to life): a natural person to the life safety of unlawful infringement of rights;

(2The body weight): the natural person enjoys to its limbs, organs and other organizations to control and maintain its security and complete, to enjoy certain benefits of power;

(3The right to health natural person): enjoy better health, maintain and use their ability to work and to exclude others from illegal infringement of rights according to law;

(4) the right of Name: citizen to decide, use, change their names and the exclusion of others illegally such as interference, theft, counterfeit power;

(5) Name: the right to legal persons and other social organizations shall enjoy the decision, use, changing its name and the exclusion of others the rights of illegal interference;

(6The portrait right): refers to the appearance of visual image of natural person reproduced through painting, sculpture, photography, video, film and art form and carrier, carrier is different from the portrait portrait;

(7) the right of reputation: a natural person to maintain its reputation in accordance with the law, enjoy reputation to bring their own benefits and the exclusion of illegal violations of the right to;

(8): natural persons shall enjoy the right of privacy of personal privacy control and exclude others unlawful interference with the right of personality;

(9The right of honor): refers to the civil subject to honor entitled, keeping, using and enjoying the rights and interests;

(10Zun Yanquan:Refers to the natural person's dignity is closely related with the spirit of interest for the content of the right of personality;

(11The credit right): refers to the specific subject directly control their credit and enjoy its interests.

67, characteristics of the intellectual property rights?

Intellectual property is a civil subject to creative intellectual rights in accordance with the law.It has the following characteristics:

(1Proprietary), namely, the exclusive exclusive;

(2) regional, regional intellectual property rights is to always intellectual property only in specific countries or regions of the field, do not have extraterritorial effect, other countries do not have the necessary protective obligation;

(3) time, time means that produced according to the intellectual property is valid only within the period prescribed by law, beyond the legal protection of intellectual property, the intellectual property rights related to destroy, intellectual achievements into the public domain, people can freely use.

68The main types, intellectual property?

(1) copyright, refers to the copyright owners to enjoy the literature, artistic and scientific works of all proprietary rights;

(2Patent), refers to the legal inheritance invention inventor, designer or other applicants and the body of a person shall have the exclusive right to use the invention creation;

(3) trademark, refers to the owner of a registered trademark of the exclusive right to use a registered trademark right.

69, copyright content?

(1The right of publication): decision work whether to reveal to the public rights;

(2The right of authorship): in the works to show the identity of the rights of authorship;

(3Revision:) right to alter or authorize others to modify the rights of works;

(4) the right of integrity: the protection work against distortion, mutilation of the right;

(5Copy right): Based on the printing, copying, printing, recording, rip, copy method will work to make one or more copies of the rights;

(6Publisher:) are provided by the original or a copy of the rights to the public by selling or donating;

(7The rental right to license others): the temporary use of film and film production in a similar way to creative works, computer software rights; except the computer software is not the main subject of the rental;

(8The exhibition right): the public display of art works, photographs or reproductions of the original right;

(9) performing Rights: public performance of works, performances and use various means of public broadcast works right;

(10Shown right): through the projector, slide projector and other technical equipment as fine art, photography, film and film production in a similar way works and other rights;

(11) broadcasting rights: open to wirelessly broadcast or dissemination of works, with cable transmission or retransmission of the public in the form of broadcast work right through, and similar tools loudspeakers or other transmit symbols, sound, images of the radio communication to the public works;

(12Information network transmission right): to provide the public works in a wired or wireless mode, so that the public can get works at the special time and place the right.

(13Right of production): also known as movie film rights, the copyright person enjoys the cinematographic works, making the film production in a similar way to the right.

(14Right of adaptation: a) the basic idea of not changing the transformation works, works form of rights. Form, works to change does not change the rewriting work type of case.

(15) translation rights: refers to the language transform the original works into other languages and used to describe the rights of works

(16Right of compilation of works): or fragments of works by the selection or arrangement, assemble new works right. Including the Notes right, right of arrangement and editing rights.

(17) other rights to be enjoyed by the copyright owner.

70The concept and types, the neighboring right?

Concept: the neighboring right and right refers to the dissemination of works, enjoy the achievements made works disseminator works on its creativity in the process of labor rights.

(1) the rights of publishers, to enjoy the book publisher and newspaper publishers in their published books, newspapers, periodicals, binding and layout design of the exclusive right to use.

(2The right of performer), refers to the performers and performances on the performances of the exclusive rights. Use of another's work performance, the performers shall acquire the license of the copyright owner and pay remuneration.

(3) producers of sound recordings and video recordings right, it means no audio and video producers to enjoy in the recording of products and video products license or others to copy right.

(4) broadcasting organizations right, refers to the broadcasting station, TV station of radio and TV programs he arranged the exclusive rights.