家庭的民事主体地位

家庭是一种独立的社会组织,为了自身的生存和履行其社会职能,家庭在客观上具有作为民事主体的必要性,事实上也已经是民事法律行为的实施者。家庭具有独立的意志和财产,在法理上具备作为民事主体的一般条件,现行的国内外法律也在一定程度上承认了家庭的民事主体地位。

Status of a Family as a Body with Rights and Obligations in Civil Law

A family is a sort of independent social organization, which is bound to serve as a body with civil rights and obligations in civil law that endeavors to implement its social functions as well as make a living. Indeed, it is already an actor that carries out activities prescribed by civil laws. Possessing independent willingness and assets, a family is, in accordance with jurisprudence, qualified as a body with civil rights and obligations in civil law, which is also acknowledged in some degree by the laws both at home and abroad.