对“民事行为能力”的再认识(国外英文资料).docVIP

对“民事行为能力”的再认识(国外英文资料) Recognition of civil capacity for action Authors: Huang Jincai / Xue Wencheng CLC number: D913, document identification code: A, article number: 1000 - 2359 (1999) 03 - 0058 - 04 The capacity for civil conduct is a very important concept in civil law. In our country, the general view of scholars is that the civil subject is the capacity of all civil actions, and some scholars believe that only the civil subject is the capacity for legal acts. However, the author believes that these concepts are not scientific enough and reasonable, and they need to be reconsidered. I. The theory of generalized civil capacity This is the view of many scholars in China that the civil capacity of legal person refers to the legal persons independent civil activities, and the right to obtain and undertake the obligations. Or civil capacity for legal person refers to the ability of a legal person to obtain civil rights and establish civil obligations through his own actions. (Note: Tong Rou: General principles of civil law and civil law of China, Chinese Peoples Public Security University press, 1990, 160th.) These statements literally is slightly different, but the purpose is not different, i.e. civil capacity refers to the civil subject in the prerequisite of mean ability, obtain legal qualification results with its behavior. From this point of view, it seems to have nothing to do with the civil act of civil law, that is, the act of civil law. However, it is not very desirable to associate this view with rights, abilities, meaning, capacity, and responsibility. In the history of civil law development, the formation and division of the above four kinds of civil capacity is the result of abstract abstraction of German jurists in theoretical research. First of all, the distinction between the right ability and capacity, the scholars Puchta and dernbergs efforts to Savigny before it is clear, the former Department of a holding rights, the latter is the premise of free