探析人格内涵及人格权的性质

人格理论产生于罗马法,罗马法上的人格带有浓厚的身份性特点。近代民法抛弃了身份人格而强调人格之平等,并以此为前提进行民法典的建构。在此基础上,现代民法提出了人格权概念并对其进行规定。从本质上来说,人格权乃是自然人基于伦理人格而享有的,在实定法中得以确认的自然权利,其应属于私权利范畴。

Discussions and Analyses of the Content of the Personality and the Property of the Personality Right

The theory of personality originated from Roman law,the personality in Roman law has its own strong characteristic of status.The modern civil law abandoned the status personality,instead,emphasized equality of the personality,which was the premise of constructing civil law.On this foundation,the present civil law has proposed the conception of personality right and made it in the law.In essence,the personality right is a kind of natural right enjoyed by natural persons based on ethical personality and confirmed in the practical law,which belongs to the private rights.