随着家庭在氏族社会内部的出现,家庭身份便与氏族成员身份相互对峙,呈现出其最初的“私法人格”属性。在古代罗马国家,私法人格与家庭身份相互融合性;公法人格与私法人格之间的关系,本质为国家公权与家长权的动态对峙。及至近、现代社会,随着理性哲学的兴起,以及私人领域“社会”与“家庭”的分化,由于公法人格与私法中的社会人格具有共同的理性基础,在民法中被冠以“人格”的称谓;而私法中的家庭人格则因其妥协、包容的特性,掩盖了法律人格的理性基础,被民法从“人格”的概念中剔除,“人”、“身”两立的格局从而形成。相应的,人格与家庭身份遂成为近、现代私法领域人之存在的两种截然不同的状态。 With the emergence of families within the clan society, the family identity confronts with the clan members and presents its original “private personality” attribute. In the ancient Roman countries, private law and family status were integrated with each other. The relationship between public law personality and private law personality was essentially the dynamic confrontation between state power and parental power. In the modern society, with the rise of rational philosophy and the differentiation of “social” and “family” in the private sphere, since the social personality in the public law and the private law have a common rational basis, “Personality” is the title of “family personality”. However, the family personality in private law, because of its characteristics of compromise and tolerance, covers the rational basis of legal personality and is excluded from the concept of “personality” by civil law. , “Body ” two sets of patterns to form. Accordingly, personality and family status have thus become two distinct states of human existence in the modern and private world.