19世纪德国人格权理论之辩

Debate over the Right of Personality Theory in Germany in the 19^(th) Century

19世纪德国人格权理论硕果累累，其发展道路虽曲折，但学者多赞同之。日耳曼法学派是德国人格权理论的完成者，基尔克创建了完整的人格权理论体系。相关理论在德国民法典立法过程中被反复论辩，然最终却被放弃，此为潘德克吞法学形式逻辑的败笔。

Studies on the right of personality theory had made tremendous achievements in Germany in the 19th century. Though the theory advocated by the historical school of law developed in a zigzag way, yet it won acceptance of most scholars. Germanisten were those who shaped the right of personality theory, while Girke constructed a complete theoretical system of the right of personality. During the legislative process of the Civil Code of Germany, the right of personality was repeatedly debated. However, it was not incorporated in the law ultimately. As a matter of fact, this turned out to be the failure of formal logic by Pandektenrechts.