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Legal Nature Of The Analytical And Reproduce

Posted on:2007-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2206360185972297Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
What is the essence of legal person? The answer to this question can provide us a foundational evaluating standard for our regulations concerning legal person, thus it is always an important part of the text books of civil law in our country, and definitely is an issue that we should take seriously when concerning our civil code. Though academics might have achieved consensus in this point before, this consensus is of no use as to our evaluating system for legal arrangement, thus made us feel that the question is meaningless. At the same time, different theories for this question are self-conceited. Academics having different opinions with different logics debate with each other endlessly.As a matter of fact, any theory can only be relatively right, and no theory can end our probe to the essences of the matters. All these theories are looking at the same question, and the differences are their different perspectives. This article puts an insight into the main theories and important legislations related to this question, using methods of logic analysis concerning different Legal Schools of Though, so as to release the debates that are useless, and eventually presents my own point of view.For the need of the logic of this article and the expression of the theories, this article is divided into four parts.Part one concerns people's attitudes towards legal person in important historical periods. In ancient Roman Laws, "homo" is different from "persona". While in the Middle Ages, "persona" as a legal technic lost its value and was neglected. Till the time of the great revolution of France, people believed that every one is born equal, and only and definitely should a man be a person in legal world, thus "persona " had no way to exist. Being afraid of individual's right might be harmed by the social entities, the Civil Code of France provided no rules about legal persons. The ones who reuse the legal technic of "persona" are Germen, whose intent is to give legal person a role in legal system logically. As a result, there are two different kinds of "persons" in the Civil Code of Germany, while at the same time...
Keywords/Search Tags:the essence of legal person, the personality of a group, the fiction theory, the realistic theory, "Nexus of Contracts" Theory, individualism
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