On The Capacity For Civil Liability Of Natural Person

The capacity for civil liability of natural person is not autonomously,which may not be comprised into civil capacity. The capacity for civil liabilityis a basic concept in civil law theory, on which the modern doctrines havesome limitations. Through the analysis of its essence, to settle the bounds ofits concept. Hence to recognize the theory of civil subject and of civil legalrelation, provide theoretical basis for requiring into the concrete system ofthe capacity for civil liability,to explain the special phenomena of civil activitysubject which are hard to explain by modern theories,and to lay a solidfoundation for working out civil code.In traditional theory of civil law, qualification of civil subject own thesame meaning with personality. The personality consists of the capacity forprivate rights and the capacity for civil conduct. The capacity for civil liabilityis included in the capacity for civil conduct. But this situation has its owncontradiction. The personality should be composed of the capacity forprivate rights , the capacity for civil conduct and the capacity for civilliability . The third should be independent.The capacity for civil liability of natural person in the system of civil lawdid not form an independent capacity initially, but only adhered to thecapacity for civil conduct .With the constant improvement and development ofthe civil law theory , the relation between the capacity for civil liability andthe capacity for civil conduct has been from union to separate ,and finally theformer has been absolutely independent. Given the new contents and value ,...