Legal Capacity Of Natural Persons And Behavioral Research Relationship,

Rechtsfahigkeit is the qualification of acting as Rechtssubjektt. Handlungsfahigkeiti is the ability of commercing valid Rechtsgeschafte by oneself. Normally Rechtsfahigkeit is seen as the base of Handlungsfahigkeit. Those who hasn't Rechtsfahigkeit will not owe Handlungsfahigkeit,such as serves in Roman law. Yet the statement makes no sense,because everyone now possess Rechtsfahigkeit since they are born,with no exception.What realitions,on earth,between them? As we all know,person in Roman law is characterized as unequal between the family members. The father was entitled to control the family affairs. Thus he has power to do many kinds of things that other members can't do,even power to sale his sons if he is willing to do. The serves is regard as property which can be used to bargain. As a whole,only the father can be perfect Rechtssubjektt. Things has changed in German law.According to BGB,everyone has Rechtsfahigkeit after he(she) was born. Rechtsfahigkeit is equal between all people. The only condition of possessing Rechtsfahigkeit is that he lives. Rechtsfahigkeit is both abstract and equal. In the code,the parents has Elerliche sorge for the sale of minors until they are mature. Apperantly the Elerliche sorge is quite different from the power in Romam law where person is mixed with the father. Rechtsfahigkeit conflicts with the facts that different people has different ability to know and undestand because of its equality. By resolving the problem,Gesetzlicher,which was assissted by Elerliche sorge ,is produced. Handlungsfahigkeiti is created by more specification. As a result,the realitations between Rechtsfahigkeit and Handlungsfahigkeiti is logical and philosophical. As far as logical realition is concerd,Rechtsfahigkeit is essential to Handlungsfahigkeiti. Without Rechtsfahigkeit,there is no needs to find a new way to protect minors,thus Handlungsfahigkeiti won't be created. On the other hands,Handlungsfahigkeiti release the tie between Rechtsfahigkeit and Elerliche sorge. What's more,Handlungsfahigkeiti play an important role in safeguarding equality among Rechtssubjektt. Although the problem has been resolved,one new questions ,what status does Vertreter Gesetzlicher act,is produced. The facts that Vertreter Gesetzlicher is neither Rechtssubjektt nor object has challenged the subject-object style,which is a traditionally theory in civil law. More research need to be done.