论侵权行为法的历史地位

The Historical Status of Tort Law

侵权行为法作为债法的一个发生原因而存在,渊源已久,在罗马法时期即是如此。即使在近代法典中,侵权法仍是作为债法的一部分而存在,而其发展也被制约了。一直以来,侵权法被如此安排,主要是观念认识的原因,而非必然的因素决定。

Tort Law acts as a cause that lead to the occurrence of the debt and the existence of long-standing roots in the Roman period is the case. Even in the modern code, Tort Law is still a part of the Law of Obligations as a debt exists, and its development has been constrained. All along, the Law of Torts has been such an arrangement, the main reason is the concept of awareness, rather than inevitable factors.