论文部分内容阅读
人格起源于罗马法对自然人身份关系之确定,人格概念的发展源于自然法对理性人的认识,即只有自然人才具有理性,而只有理性才具有人格,因此自然人具有人格;权利能力概念源于德国实证法学派,乃是实定法所界定的法律人格的适格条件,不仅自然人有权利能力,一些符合条件的社会团体也可以享有权利能力。人格和权利能力背后蕴含着不同的立法背景,两者的内涵也大相径庭。
Personality originated from the Roman law to determine the relationship between the identity of natural persons, the development of the concept of personality originated from natural law understanding of rational people, that is, only natural persons have rational, but only rational personality, so natural person has personality; German positivist school of law, but the legal conditions as defined by the law of the conditions of fitness, not only natural persons have the right and ability, some eligible social groups can also enjoy the power and ability. Behind the personality and ability of rights contains different legislative backgrounds, the two are also very different connotation.