210the different intensity with which the positive laws protect
the one or the other of the individual rights, (i.e. over
which real rights or claim rights the individual rights must
take precedence, or vice versa); then the question as to
which individual rights may be renounced or could be previously,
and so on. How rudimentary the theory, say, of the right to a
specific name still is, can be seen from the very accurate and
commendable observations by von Gerber (in "German Private Law",
§.34, note 1), which give a clear enough picture of the lacunae
in the "right to a name". And yet isn't a person's surname and,
especially, a trade name of the utmost importance in many
respects in legal practice?! - I think that it would not be
entirely without merit to draw attention to this evident
deficiency, or incorrectness, of the [legal] systems, especially
as a clear definition of a series of recently established
institutes (in particular, those under the aegis of commercial
law) cannot be carried out at all without filling this gap,
without rectifying this incorrectness. As a result, what now
only seems to be but a fragment would fit into place, thereby
making it possible at last to fully understand the nature [of
individual rights].