罗马法与日耳曼法关于夫妻财产制的比较分析

A Comparative Study of the Matrimonial Property in Roman Law and Germanic Law

罗马法以及中世纪的日耳曼法共同构成了近代大陆法系夫妻财产制的历史渊源。前者的典型夫妻财产制是建立在分别财产制上的嫁资制,它以夫妻别体主义为基础,是法定财产制的起源。后者的典型夫妻财产制是共同财产制,它以夫妻一体为基础,并开创了约定财产制的先例。两类夫妻财产制之间既有联系又有差别;这些差异,正是不同社会政治、经济和文化理念的体现。

The matrimonial property of the continental law system originated historically from both Roman Law and Germanic Law.The former is a typical regime which was based on the separate property and was the rudiment of statutory property regime,while the typical regime of the latter was community property regime which embodied the concept of unity of husband and wife,and the contractual property also prevailed in that period.There were both connections as well as distinctions between these two regimes.These distinctions embodied different social politics,economy and culture of that time.