The nature person personality is the general legal status vested to a nature person by constitution, thus it differs from the so-called right ability, which is the qualification of being a subject of civil legal relationship. Nature persons acquire their personality rights on the ground of constitution rather than the civil law, though in the practice and theory, the personality
right becomes a private right gradually. This is mainly because of the necessity of formal logical structure of civil law and the shaping of organization personality, which reflects a narrow civil positivism view. The development of personality right in the modern society and the creation of general personality rightshould lead it revert towards the constitutional right. Anyway, the organization personality right is just the imitation of nature person personality right in the sense of the qualification of being a subject of civil legal relationship, so legal persons do not have personality right. |