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.