文献类型：期刊文章

作　　者：汉斯.哈腾鲍尔[1] 孙宪忠[2]

机构地区：[1]德国基尔大学 [2]中国社会科学院法学研究所

出　　处：《环球法律评论》

年　　份：2001

卷　　号：23

期　　号：4

起止页码：392-403

语　　种：中文

收录情况：NSSD、RCCSE、RDFYBKZL(收录号：187780)、RWSKHX、普通刊

摘　　要：Being the subject of legal relationship,person is the first basic concept in civil law while also the first and the most essential element of the system of civil law. However,the rich connotations of concept of"person"have not been addressed in general textbooks. Through delineating history of emergence and development of"person"in law,this article tries to reveal the significance of"person"in civil law branch.In the age of barbarism when everything was ruled by divine right,"person"at law,including natural person and deities,actually was in a situation where natural persons subjected to deities. When deities were excluded from category of"person" in civil law,"person"emerged in hierarchy in times during which supremacy of state power was maintained over a long period of time. According to inherent and inextricable status one held,"person"enjoyed his rights and carried out his commitments.After modern times,"person"at law started to possess certain features of civil law,such as equality,liberty and neutrality.For"person"in law of contemporary times,"person"in civil law has been able to develop from formal equality,liberty and neutrality to equality,liberty and neutrality in substantive sense. The author demonstrates achievements of outstanding legal experts in history in their struggles for"person"and their theories.In the meantime,it also exposes distorted and retrogressive doctrine of "person"in history.

关 键 词：民法典  民法学 总则  私法自治 德国民法 法律行为 立法者 提取公因式 概念  图画  

分 类 号：D913]