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On The History Of About Two Hundred Years Of The Civil Code

Posted on:2007-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:L J WeiFull Text:PDF
GTID:2166360185953930Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The codification of the idealized civil code of 19 century has its specific social and ideological background. Due to the intrinsic limitation of its self, these civil codes suffer inevitablely from the destiny of decodification with time going on. However, it doesn't follow that the process of codification is dying out. In the recent decades of years, The recodification movements of one kind or another against the decodification process indicate to some extent that the codification idea of civil code has been turning into the pragmatism and flexibleness suitable to the need of the new era. The current codification of Civil Code of our nation should learn from the efficient doings of other countries or regions in respect to the codification idea and codification technology so as to contribute to the successful codification of the so-called immortal Code Civil of the People's Republic of China.There are about forty thousands words in the paper. It is divided into three parts, that is prelude, body and postscript, starting it as follows now:The prelude has two parts: The first part aims the reasons of writing the paper and the writing train of thought. The second part deals chiefly with how to define accurately the basic concept"code". For the"code"definition used in the paper differs largely from the common usage in the current academic community, it is necessary to define accurately the concept prior to the body.The body is divided into four following parts again:The first part: the history of the idealized civil code of 19 century. In the part, focusing on the Civil Code of Napoleon and the Civil Code of Germany, the author makes a rather comprehensible analysis to the origin, characteristics and the great influence on the later codification of the idealized civil code of 19 century and comes to the conclusion at the end, that is, the idealized codification of 19 century has its inherent limits and therefore the decodification will be a inevitable tendency.
Keywords/Search Tags:civil code, codification, decodification, recodification
PDF Full Text Request
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