浅析希伯来法民法思想

A Brief Analysis of Civil Law Thought in Hebrew Law

希伯来法作为古代东方法中较有影响的一支法律体系,颇为现代人所忽视。由于社会历史原因和教义要求,希伯来法中对民事活动相近条款的规定则更为清晰,其民事权利义务更为公正,民法精神也更为凸显。在所有权、担保物权、债等一系列规定中,都体现了民事活动中诚实、公平、平等的基本思想。希伯来法对民法的基本精神及某些法律部门、法律制度的形成有重大推动作用。

As one of the influential legal systems in the ancient oriental laws, the Hebrew Law has yet been neglected by the modern people. As a result of the social and historical reasons, and the religious doctrine request, clearer provisions of civil conduct have been constituted in Hebrew law, in which civil rights and obligations are fairer and the civil law spirit is more noticeable. In the provisions of proprietorship and security interest, debt, honesty, fairness and the equality in the civil conduct have been manifested. Thus Hebrew law has significantly propelled the constitution of the civil law spirit, some legal organizations and legal system.