Research on Person,Personality and Right of Personality in the Civil Law in Germany:Research on Theoretical Position about China's Code of Civil Law

It is inseparable that the attitude to person and right of personality and the stand of personality theory in the civil law in Germany. Person is contracted as the subjects of legal relation in it, and the ability of right becomes a kind of expression of positive law that person is person, which realizes the substitution of some function of personality. The right of personality hasn’t been rightful still in the civil law in Germany, the list of the interest of personality in the legislation must contain the open break, so the emergence of general right of personality is inevitable. Our countries’ civil legislation should continue it and bring forth new ideals in the course of discrimination.