On The Division And Expansion Of Civil Personality

Alone the thread of the meaning and classification of the personality, and combining with the logical, valuational and factual methods, this article aims at analyzing these questions as follows:(1) the relations among the categories of personality, capacity of natural person, capacity of juristic person, legal capacity, capacity for legal transaction, capacity for responsibility, the right of personality; (2) the basic types of the personality in Roman law;(3) the theoretical foundation of the capacity of natural person, capacity of juristic person and the three kinds of civil capacity which were founded by the modern Germanic system of law represented by the German private law, as well as the common stipulating of the nature of the natural person and the juristic person;(4) the value orientation of the natural person's personality law system in the modern continental civil law represented by the Germen civil law; (5)the rationality of the opinion about entrusting the personality to the dead and animals.The first chapter defines the meaning and classification of the personality in the first place. This article thinks that, the category of the personality of civil person belongs to"type"in law science, which means the capacity for a specific existence to be a civil person, and which includes"existence","can be"and"legal relation (subject)"to form the key elements. Through the changeability of those three elements, the category of the personality of civil person then appears different classification, mainly including the capacity of natural person, capacity of juristic person, legal capacity, capacity for legal transaction, capacity for responsibility. In the second place, the theme of this article——the"Division"and"Expansion"of personality——is a study on the typing of personality. The"Division"focuses on the steady and static type series of personality in one civil system; the"Expansion"focuses on the open and dynamic typing (course) of the personality system in civil law, based on the reason of changes of time and the...