日本民法编纂及学说继受的历史回顾

被引:11
作者
渠涛
机构
关键词
民法; 富井政章; 学说继受; 民法学界; 民法典编纂; 日本;
D O I
暂无
中图分类号
D931.3 [];
学科分类号
摘要
The centenary history of Japanese civil law can be divided roughly into two parts:legislative history and history of inheritance a nd development of doctrines.The former may be further divided into prehistory of codification,history of codification and history of achievement.During this per iod,we can see various social conflicts in the process of modeling after the wes tern legal system.And against the background of abolition of exterritorial juris diction,we can also see various compromises made by different interest groups ai ming at resolving those socia conflicts.In the history of inheritance and develo pment of doctrines,we can see changes from inheritance of western legal theories alone to integration of Japanese actual conditions,from concept-centered law to interestcentered law to modern science of law.Efforts made by scholars during t his process are also something worthy of note.
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页码:273 / 295
页数:23
相关论文
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  • [1] 现代中国民法论[日]王家福,乾昭三,甲斐道太朗. 法律文化社 . 1991