The Position of Capacity of Civil Rights and the Unbirth Person
Liu Guo-tao
Abstract
Liu Guo-tao
Abstract
From the theory of interest subject of civil right add stop condition, the unbirth person not the subject of civil right,and no position of subject of civil right, but would be the subject of civil right, and when the condition of birth is accomplish, the capacity of civil rights to praemunire. But, in the case of no living body birth, it must according to reliance interest theory establist the position of civil law, the unbirth person is their parents' rights of birth's object. The two theory is combined, they will more scientific, all indicates the position of civil law of unbirth person.
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From the theory of interest subject of civil right add stop condition, the unbirth person not the subject of civil right,and no position of subject of civil right, but would be the subject of civil right, and when the condition of birth is accomplish, the capacity of civil rights to praemunire. But, in the case of no living body birth, it must according to reliance interest theory establist the position of civil law, the unbirth person is their parents' rights of birth's object. The two theory is combined, they will more scientific, all indicates the position of civil law of unbirth person.
Key concepts: Subject (documents), Position (finance), Law, Civil law (Civil law), Object (grammar), Civil rights, Political science, Civil procedure