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关于古罗马家庭是否以团体人格的形式来实践其主体地位,一直存在争议。罗马家庭中的家长权的主导性,使该权在成为个人所有权的观念来源的同时,也从各个方面妨碍了家庭获得团体人格。继而是罗马家庭通过解体过程而成为自然人获得独立与自由、取得个人财产的制度中介。这些都使罗马家庭成为同时代法人制度雏形的对立物,成为设计法人人格获取与否认条件时的考察对象。
There has been controversy over whether the Roman family practiced its dominant position as a group personality. The dominance of the patriarchal power in the Roman family has made it a source of notions of personal ownership, and at the same time impedes the family from acquiring group personality in all its aspects. Then the Roman family, through the process of disintegration, became the institutional intermediary for natural persons to gain independence and freedom and gain personal property. All of these make the Roman family the antithesis of the embryonic form of the legal system of the same period and become the object of investigation when the conditions of obtaining and denying the personality of the legal person are designed.