The Evolution Of Civil Capacity System Functional

It is through distinguishing different subjects of civil activities and adjusting different activities of civil subjects that the civil law subtly regulates all kinds of social relations. Thus those two parts constitute the core of the whole constituted law and theory system of civil law. The continent legal system, which is labeled for its rigorous conception and self-contained logical structure, particularly forms a series of distinctive legal systems encircling such two parts. Civil action ability system is one of civil legal system sharing both traits of subject and activity, but what is often neglected is that this functional character is the result of a long time evolution of different kinds of social factors. This thesis tries to analyses the evolution process of the civil action ability system to prove how impacted and shaped by time's ideology and social factors it finally becomes a unique system characterized with both subjective structure and activity controlling. On the other hand, this thesis tries to emphasize the importance of the study of function and history of the system through an analysis of different time's history background and social factors to avoid and remedy the shortcoming of a pure logical and conceptual analysis.This thesis includes five chapters. Chapter I explains the reason of topic chosen, analysis angle and article structure, mainly to make clear the importance of the study of civil action ability system and the necessity of the functional study. The next three chapters specifically analyses ancient Rome law, French law and German law, which have key significance in the evolution of civil action ability system, in order to show the developing process of the function of the system. Chapter II introduces the character of ancient Rome law and its civil action ability system, showing that when the equal position of civil subjects was not established, the civil action ability system was one a part of system of legal personality. Since the equal position of civil subjects was the fruit of the French Revolution, Chapter III analyses the context and practice of French Civil Code, and explains how the civil action ability system began to separate from the system of legal personality and possess its own trait. However, the civil action ability system finally forms in German Civil Code, and Chapter IV make further study on German Civil Code, to reveal the establishment of the civil action ability system's function of action controlling and the maintaining of the system's function of subject distinguishing. Chapter V is the conclusion of the former research achievement. It sums up the function of the civil action ability system in modern society from the angle of both subject and action, and discusses how to make use of the achievement of the civil action ability system in both civil law system and jurisprudence.