中世纪西方法人人格观念研究

中世纪的法人人格观念主要体现于注释法学派与评注法学派的法人理论以及教会法中的法人观点之中。注释法学派与评注法学派的法人理论是在学者对罗马法进行梳理过程中所形成的。前者拘泥于罗马法文本，基本上是罗马时代法人人格观念的再现，而后者则从当时的社会实践需要出发，对罗马法进行了创造性发挥，展现了法人人格观念的公法意味。教会法的法人观念，特别是教皇英诺森四世的法人人格观念，既是为了解决教会中的实际问题，也是为了强化教会权力，因而体现了拟制说的某些特征。从知识谱系上说，中世纪的法人观念与罗马法法人观念之间有延续，也有断裂，这种情形一直持续到现代法人人格学说。

A Study of the Concept of the Legal Person's Personality in the West in the Middle Ages

The concept of the legal person＇s personality in the Middle Ages finds its main expression m the theories of the legal person advanced by the School of Glossators and the School of Commentators and embodied in the viewpoints of the legal person in the church law. The theories of those two schools were formed in the process of scholars＇ study of Roman law. The School of Glossators was confined to the texts of Roman law, and what it presented was simply the concept the legal person＇s personality of the Roman times; the School of Commentators, based on the social practice of that time, made creative elaborations displaying some sense of public law. The ideas of the legal person in the church law aimed at solving social problems of that time, and at strengthening church power, showing some characteristics of fiction theory.