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在罗马法上人格有诸多的构成要素。在近现代民法中,是以权利能力来指代法律主体资格的。两者虽在此功能上是相同的,但建立的基础却不同。在采用权利能力的用语指代法律主体资格后,如何确保法律主体的平等性是一个重要问题,这是一个涉及目的与工具关系的问题。本文试通过对法律人格的历史追溯及现实发展来明确法律人格的含义,并在此基础上肯定了民法对人身关系的优先调整。
There are many elements of personality in Roman law. In modern civil law, it refers to the qualification of legal subject as the right ability. Although both are the same in this function, the foundations are different. How to ensure the equality of legal subjects is an important issue after the term of rights is used to refer to the qualification of legal subject. This is a question concerning the relationship between the purpose and the instrument. This paper attempts to clarify the meaning of legal personality by tracing the history of legal personality and its actual development, and on this basis, affirms the priority adjustment of personal law in civil law.