The Evolution Of The Economic Community's The Legal Personality

Since human beings began to form organization, it was necessary to deal with the relations between individuals and community. Historically, different economic communities showed themselves different features in this aspect, and yielded many different legal relations. Legal personality is a important concept of the private law. The article tries to sort out the change of the economic community in the social life from historical experiences, legal positivism and a new angle. The purpose is to discuss the reason of the change to some extent, and do some exploration on the developmental regularity lying in the legal personality of economic community, person and generality.The Introduction defines the main concepts of the topic, which are the basis of the next analysis.The 1st Chapter to the 3rd Chapter will make a simple introduction to characters of the economic communities in Ancient Roman, Ancient German, the Middle Ages and modern times. Then I will exam the appearance and evolution of the independent personality of the communities, and the legal reaction. This part will end at the establishment of the institution of juridical person in BGB. The past historical researches focused on the Ancient Roman and Ancient German times, or the appearance of juridical person at the times of Codification. Whereas this article will explore the whole history of the development of the economic communities'legal personality, in order to make research on the nature and content of the economic communities'legal personality by historically compared.The 4th Chapter firstly concludes the overall character of the development of the economic communities'legal personality; secondly it analyze corporation as the most important kind of modern economic communities from the angle of economics analysis; finally criticize the value of the institution of juridical person. The purpose is to try to reveal the reason of the existence of the economic communities'legal personality, and query the importance and rationality of the concept of juridical person. In fact, the concept of juridical person has no value; the reformative institution of communities'legal personality should replace it.I hope the exploration and effort of this article will contribute to the development of the legal personality academically.