论香港合同法的法律渊源

On the Legal Sources of Hong Kong Contract Law

作为普通法适用地区之一,香港的法律渊源与内地有巨大差别,同时香港回归前后,其法律体系与法律渊源又有着不少变化。香港合同法的构成比较复杂,其主体是成千上万个英国及香港地区生效判例中蕴含的法律规则,同时也包括一些内容涉及到合同法律制度的成文法例,以及少许的习惯法。总之,香港合同法是一个以英国及香港判例法(包括普通法与衡平法)为主、香港本地制定法为辅、夹杂少量中国习惯法的多元法律规则体系。

As one of the regions where common law is applied,the legal sources of Hong Kong are greatly different from those of the mainland.At the same time,there are many changes in its legal system and sources before and after the return of Hong Kong.The constitution of Hong Kong's contract law is quite complex.Its main body is the legal rules contained in thousands of effective cases in the UK and Hong Kong.It also includes some written laws related to the contract legal system,as well as a few customary laws.Generally speaking,the Law of Hong Kong contract is a system of multiple legal rules mainly based on British and Hong Kong case law(including common law and equity law),supplemented by Hong Kong local enacted law and mixed with a small amount of Chinese customary law.