论德国和苏俄民法典权利能力含义的区别

在现代民法上,人格和权利能力是两个表示权利主体资格的概念,学术界对这两个概念之间关系的认识存在分歧,存在一致说和不一致说。导致分歧的根源在于对我国立法实践和理论研究产生巨大影响的《德国民法典》和《苏俄民法典》的权利能力含义不同。《德国民法典》的权利能力只有单一含义,即成为民事权利主体的资格,而《苏俄民法典》的权利能力有双重含义,即成为民事权利主体的资格及享有具体民事权利和承担具体民事义务的资格。

On the Different Implications of Right and Capacity between the German Civil Law Code and the USSR Civil Law Code

Concept of personality and right capacity are two terms to show subject qualification in modern civil law. There are different viewpoints on the relationship of two terms in academic circles, some think they are the same meaning, others object it. The root to cause different viewpoints is that there is different meaning of right capacity between Germany Civil Law Code and Civil Law Code of the USSR, which had an important influence on legislation practice and legal research in our country. The meaning of right capacity in Germany Civil Law Code is qualification to being a civil subject. The meaning is the same with personality. However, to right capacity, there are dual meanings in Civil Law Code of the USSR. One is qualification to being a civil subject; the other is qualification to enjoying specific rights and bearing particular duties.