| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 92 === The controversy of body corporate symbolizes the separation of public and private law. This metamorphosis is witnessed by the German Civil Code (BGB) and its followers: the civil codes of Japan and the Republic of China. Taking, therefore, into account the unconscious reception of Japan and China around the end of the 19th century and the beginning of the 20th, we may localize an extremely western institution by reflecting upon existing doctrines-- especially the theory of reality. This article, hence, examines in the first place some common misunderstandings about the theory of fiction and its eclecticism. Through, secondly, the transformation from ancient Roman Law to Hobbes, it tries to demonstrate the Janus-faced character of body corporate: it set its feet on both side of public and private law. Thus the true opposition between the theory of fiction and that of reality can be depicted by underlining the scission of the two dimensions in positive law. After the European version, it turns to the East Asian legal regimes of Japan and the Republic of China for the observation of effects exerted apart from private law by the body corporate , and draws the conclusion at the last part.
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