Introduction to the Early Development of Civil Codes in Asia and Europe．And the Common Law
Introduction The peaceful ordering of civil relations between citizens of a state and between citizens and the state，is a requirement of every civilization that hopes to persist．If we define civil law as the law governing the civil relations of persons and institutions in a society，then there are two important institutions that govern such civil relationships，namely，the laws promulgated by the state and the contracts entered into by its citizens with each other,other persons and the state．The development of civil codes and the law and practice of contracts arose in different ways in different societies，yet there appears t0 be a relationship between the development of a civil code and the growth of the law of contracts．Where the law of contracts iS well developed．an independent civil code does not appear to emerge，and where the law and practice of contracts emerges very slowly,a civil code appears less often．Thus，in both traditional Chinese law and Jewish law,the institution of contracts was important and well developed，and while both societies had a code，there was no independent civil code．In Roman law,where contracts developed very slowly，a well developed civil code was promulgated．Yet there is an exception，namely，England，where contract emerged slowly and painfully, yet no civil code emerged；the role of ordering civil relationships remained for some time with the common law courts and the Chancellor，or courts of equity．
王崇敏 张丽娜
海南大学法学院
国内会议
北京
英文
931-942
2009-10-01（万方平台首次上网日期，不代表论文的发表时间）