罗马法从《十二表法》到《国法大全》,经过千余年的发展,对后世各国民法曾经无例外的产生并将继续产生着不同程度的影响,因此,罗马法的意义极其深远。恩格斯曾经评价其说道,“罗马法是纯粹私有制占统治的社会的生活条件和冲突的十分经典性的法律表现,以致一切后来的法律,都不能对它作任何实质性的修改”[1]。在罗马法上,要作为完全的权力义务主体,需要具有自由权、市民权和家族权。当时,还不曾用现代的“权利能力”一词来概括之,而用人格权来总称这三个权。 After more than a thousand years of development, the Roman Law, from the “Twelve Tables” to the “General Law of the People’s Republic of China”, has had and will continue to exert various influences on the civil laws of other countries in the past generations. Therefore, the significance of the Roman Law is extremely profound. Engels once commented that “Roman law is a very classical legal expression of the living conditions and conflicts of purely private-dominated society, so that all subsequent laws can not make any substantive changes to it.” ]. In the Roman law, as a complete body of power obligations, need to have the right to freedom, civil rights and family rights. At the time, they were not summed up in the modern term of “right ability”, while the right to personality was used to collectively refer to these three rights.