“无财产者无人格”驳议

Refute "no property, no personality"

人格与财产的关系问题,在民法理论界历来见仁见智,其中最具代表性的观点是无财产者无人格。但其实,无论财产概念本身及其属性,还是从民法立法的历史来看,无财产者未必无人格,而无人格者必无财产。文章以为,人格与财产的关系应是:无法律规定则无人格,而无人格者无财产。

In the theoretical field of civil law, different people, different views about the relation of personality and property. Among these views, the most typical view is no property, no personality, but in fact, either from the concept of property and its nature, or from the history of the legislation of civil law, the person who have not property don't sure no personality, but the person who have not personality sure no property. So the essay believe that the relation of personality and property should be no legal provisions, no personality, but no personality, no property.