19世纪德国人格权理论之辩

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。

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

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 incor...