Civil Law In The Evolution Of Natural Persons Personality

All rules of civil law are admitting of the behavior of the civil subjects, and adjusting the relations between them. Personality exactly is a kind of confirmation and expression of the civil status. Although there are few specific rules about personality in civil codes of different countries, it cannot prevent this term from being one of the most abstract and basic conception in civil law. Reading personality in civil law, we can see its technique side of law which is to confirm who accords with the qualifications to be a civil subject, and another side of loading the worth ideal of 'everyone is equal'. This thesis tries to find out the two different intensions of personality by tracing its development, and explain its rationality and stability through analyzing various views which forecast the development of personality in future.The first part of this thesis defines civil law personality, explicates that personality contains the function of confirming the qualifications of law subjects, and explains it has the internal consistency with the capacity of civil rights which is a phrase of the modem civil law.Part two and three analyze the development process of personality systems from ancient Rome Law to civil law of Germany and France which belong to Civil Law Family. In ancient Roma, personality system had got 'logic reason', that is giving law status to some of natural bodies who was chose under specific law regulations. But the purpose of system is for the sake of society management and the consolidation of domination. As a result, it has great limitations. Firstly, the law regulations for choosing including several unfair factors, such as sex, identity and social status. On the other hand, the law regulates both politic and civil society, no civil law exiting. Under the rule of such law, human beings cannot enjoying civil rights equally and to be a independent subject on law. Modem Civil Law Family, taking Germany and France for example, inherited the logic reason from Roma Law, and further had it compacted and made thepersonality system largely to advance-in addition to giving the natural bodycivil status, also absorbed other social entities(legal person etc.)to be civil law subjects. At the same time, the civil law who was influenced by humanism andrationalism, and followed the personality ethics philosophy of the Comte, initiated the private autonomy, equal principle and personal independence. It carried out the breaking with the ancient Roma Law on the worth purpose, and made the civil law status of natural body coming into being.The part four mainly analyzes modem scholar's various viewpoints for the development of civil law personality system. The first view thinks that, as far as natural body concerned, the ideal of 'everyone is equal' has been accepted all over the world. So the personality system can be cancelled But this kind of standpoint firstly neglects the logic system of civil law, which could be incomplete without this basic concept, and leads to the lack of a basic logic point of departure for the reading toward the civil law. At the same time, it despises the value that personality bearing, and neglects the realistic meaning of publicizing the equal principle continuously by an already mature concept which gets widespread acknowledgement The second view puts the emphasis on specific personality which could bring definite justice. But it walks into technique mistakes. To begin with, they cannot give a clear definition to specific personality and explain the relationship between specific personality and abstract personality. The next in order, the equal value of personality cannot melt and the inequality within realistic life usually results from the gap of behavior ability. To resolve this problem, we should restrict behavior ability of those who have advantages in information and economic status, while taking bona fide doctrine and theory of substantial change of circumstances as supplementary means. The justice will come into being by this way only. The third standpoint values the ethics and the humanity of the civil law. It thinks that the civil law personality is a kind of personality from economic merchandise, and claims to build up dual personality system, thus enhancing the ethics of personality. The challenge of this view is reasonable in a sense. The part five of the thesis bases on itAs one of the means to norm social activities, the civil law has its limitations naturally. The civil law adjusts property relationships and personal relationships between civil subjects. It tries to bring about justice and realizes the livelihood aim of human beings. But its mainly methods is to adjust property relationship. And the property is also the main tool for a natural person to prove the existent ofhimself. So the civil law is naturally inclined to property law. This can be shown by the aim of birth of modern civil law, which is to realize the liberation and freedom of people, and the traits of problem resolved by it On the other hand, humanism or the ethics factor, are the principles that the civil law publicizes. Therefore, the humanities color of the civil law does not need to be emphasizing intentionally, also allow of no query. We could understand the basic attitude of those who stress the humanity or ethic factor of civil law. But the problem lays in that such standpoints which are subjected to the modern new humanism and the political philosophy theories influence; do not have the mature conditions to get into the civil law system directly. Their attempts that trying to propagate humanity by rules or system of civil law are over-evaluating the reason of human beings and the ability of law to achieve special value aim. Given a evaluation objectively and realistically, the personality of natural body , as a law techniquemeans based on property, is greatly successful on both sides------one is todefinitely explain the civil law status of natural body, another one is to publicizing the equal principle. It also gets the rationality and propriety from the fact that the civil law itself prefers to property law while has the humanistic spirits.