20世纪前期民法新潮流与《中华民国民法》

2 0世纪前期 ,世界民法形成了新的潮流 ,这影响到了《中华民国民法》。从体例上看 ,《中华民国民法》采取民商合一制度 ;从内容上看 ,《中华民国民法》在所有权、契约、侵权责任等方面贯彻了注重社会公益的精神 ,并在亲属法方面确立了平等原则。民国时期民法典的制定不仅趋附民法新潮流 ,而且在移植外国法时视野比较开阔 ,但同时又注意保留好的民事传统。

In early 20th century, civil laws in the world formed a new current. This had an influence on the Civil Law of the Republic of China. From its stylistic rules and layout, the Civil Law of the Republic of China adopted the system which combined civil law and business law as one. From the subject, the Civil Law of the Republic of China has carried through the spirits of emphasizing social commonweal in the following aspects: ownership, contract, and tort liability, and has established the principle of equality in the aspect of law of kindred. The civil code made in the period of Republic of China not only curried with the new current of civil law, but also had broaden view when transplanting foreign laws. At the same time good civil traditions have been preserved intentionally.