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罗马法以自然人的身份为核心的创造了人格的概念,并以此为核心建立起一整套关于“人”的法律制度。人格制度的建立使人在法律上发现了其作为权利义务主体的价值,表明人在法律上主体意识的觉醒,但受时代所限,它同时也包含不平等的阶级色彩。本文认为现代民法理论继承并重新审视了人格的概念并为其赋予了新的时代内涵和价值。
The Roman law, with the identity of the natural person as its core, has created the concept of personality and has as its core set up a whole set of legal systems concerning “people ”. The establishment of the personality system has led to the legal discovery of its value as the main body of rights and obligations. It shows that people are awakening of the subjective sense of law. However, due to the limitation of the times, it also contains an unequal class color. This paper argues that the theory of modern civil law inherits and re-examines the concept of personality and gives it a new connotation and value of the times.