河北法学2025，Vol.43Issue(3)：23-52,30.DOI:10.16494/j.cnki.1002-3933.2025.03.002
罗马法复兴与英国民商法的成长
The Revival of Roman Law and The Growth of English Civil and Commercial Law
摘要
Abstract
During the period when English civil and commercial law grew,the Revival of Roman law was also flourishing.Through the exchanges between England and mainland Europe,Roman law left a deep trace on some regulations of English civil and commercial law.Therefore,it will analyze several ancient and classic fields in English law such as property law,contract law and trust law.In property law,the classification of property and the protection of land possession were inspired by the litigation forms of Roman law,and Bracton also made great contributions to the systematic introduction of the acquisition of property.The Principle of Consideration constitutes the core of English contract law,and its construction and concept were supported by the Roman law theory of causa.In the process of the formation of trust law,the Fideicommissum of Roman law also inspired the design of Use.The influence of Roman law on English civil and commercial law has contributed to the emergence of the general principle and general system of law.Remedies Proceed Rights,Dressing Nuda Pactum and Realizing Testamentary Freedom constitute the center of these three fields,which help us further understand the development of English civil and commercial law and even the world law.关键词
罗马法复兴/英国法/财产/契约/信托Key words
The Revival of Roman Law/English Law/property/contract/trust分类
社会科学引用本文复制引用
何勤华,金逸菲..罗马法复兴与英国民商法的成长[J].河北法学,2025,43(3):23-52,30.基金项目
本文系国家社科基金重大项目"法律文明史"(11&ZD081)第4个子课题"古代西方法"的阶段性成果. （11&ZD081）
