A Study On Legal Capacity Of Nature Persons

Capacity for rights, that is our capacity for civil rights on the civil law, is the most important qualifications for civil subject. It is the basic concept of the Civil Code in the Continental Law System, which is originated from "personality" system in Roman law, Some scholars believe that the System of capacity for rights is a product Of hierarchical society and privileged times. Its essence is a control tool which is grasped by the ruling class. With the social development and progress of the law, capacity for rights, which begins at birth and ends at death, has been the "stumbling "block in the protect of interests of the fetus's and the dead people's. These scholars advocate that "legal capacity" and "natural person" "personality" and so on is the same in extension and intension, so we can replace the concept of legal capacity by those concepts.However, some scholars oppose this view, they said the system of the legal capacity should not be abolished, and in addition,it should be regarded as the system of "heaven-sent" rather than a simple "under the law. "Equal of legal capacity of natural persons should be treated as a basic principle of civil law. Why is there being Opposite View in theorists, the reasons is that they have different view at the s the system of capacity for rights,sometimes we do not understand the concept and hypostasis of system of capacity for rights.This paper aims to study the system of capacity for rights, so we can understanding the connotation and denotation.Legal capacity is the ability to be the subject in a legal relationship,it means he or she has the ability (or qualifications) to have rights and duty. The nature of legal capacity is the pursuit of equal value. The main contents are as follows:The first chapter introduces the evolution from the "personality" to "legal capacity ", the history and change of the concept of legal capacity,and the establishment of the modern theory of legal capacity The second chapter describes the legal capacity of the content and philosophical basis The third chapter focuses on the nature of legal capacity, that is equality. Which involves the theory of the hot issues discussed in circles, the phenomenon of loss of the right. It can not be identified as deprivation or restriction of legal capacity, in fact the law set conditions for the acquisition of rights,it is the limitation of rightsChapter IV will point the differences between the similar concepts primarily related to personality, the concepts of rights and rights of capacity. Whether or personality rights, and rights are not the same areas of capacity, legal capacity associated with the two concepts, but there are differences between the two concepts,they can not replace it.Chapter V will study the ideal of the system of capacity for rights and the difficult in reality, therefore we can understand the practical of the system. Protection of the special interests, can bean extension of protection of personal rights theory of the interests of protecting the fetus and the dead without the right to repeal the ability of the system.Finally analysis the opposite view on abolish the system of legal capacity or not,and find their respective values, At last I concluded we should not abolish the system of legal capacity in the present theoretical environment.