浅析中世纪德国继受罗马法的经验与教训

The Experiences and Lessons of Germany's Reception of Roman Law in Middle Ages

中世纪德国继受罗马法既有成功的经验,也有失误的教训。其经验主要有:社会思想文化观念对法律继受的有利影响;大力培养和使用罗马法专家,为法律继受提供智力支持。其最大的失误是继受的罗马法与德国社会的实际并不完全相适应,从而加深了德国社会内部的裂痕,是引发德国农民战争的重要因素之一。

In the Middle Ages Germany transplanted the Roman Law successfully. There were two important experiences： the idea of society and culture being beneficial to inheriting the law and cultivating lots of specialists employing the Roman Law. But the great fault was that the Roman Law was not suitable for Germany in some respects, which deepened the rift of the society and was one of the key causes to generate the Peasant War in Germany.