L’UOMO↔PERSONA
HOMO↔PERSONA

Summary/Abstract: The article examines the relation between homo (the human being) and person in general sense, which is the basis of the modern doctrine on the legal capacity of individuals (physical persons) but which has different interpretations in Roman law and in the opinions of Roman jurists than in the modern law. Man is at the center of Roman law, defined by the term "persona". This term is an entirely product of Roman jurisprudence, which explicitly states that the whole law is created by man, and that he is its cause and purpose. Moreover, the man takes into account his inalienable and indispensable prerogatives in the organization of Civitas. But he has to keep them for himself as he can realize his legal significance which can by no means be absorbed and depend on recognition by a separate social organization (as is the state for example). Through a complex development, to the “persona” is attributed a meaning not only related to the historical plan but also to the recognition of more or less certain or supposed values. This leads to the detachment of the notion of a subject of the law by the man himself and is the cause of many mistakes and contradictions. The distinction between homo and persona reaches its culmination in creating a concept of a subject of law – a physical person or a legal personality. The product of this process is the contemporary concepts of legal personality, respectively specified in the notions of legal entity, legal capacity, legal capacity to act. Faced with this legal reality and artificially created concepts, it is worth reverting to the concept of persona in Roman law, which seems beneficial and may be the starting point for the law of tomorrow and future generations.

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