On The Humanistic Qualities Of Civil Law

The article named "Two Conflicted Thought-lines of Drafting Civil Code: New Humanism vs. Materialism" written by Professor Xu Guodong gives arise to severe controversies about the arrangement of the system and structure of dvil law code in academic circle. From the perspective of the scope and subject which dvil law governs, it covers all kinds of relationships taking place in our social life and economic life between the equals. So dvil law is always divided into "iura in personarum" and "iura in rem" as its integral parts. However, from the perspective of the legal methodology, between the arrangement of the system and structure of dvil code of Romanist which initially began with personality and relative relationship of family and then followed property law and that of Germanist which resorted to highly abstract systematized method based on Rechtsgeschaefte (juristic act), whether did the former truly cherish the understanding and meaning of humanism, while the latter which is absolutly contrary put human in a humble position as Professer Xu Guodong advocated? What subject is my present endeavor in this paper. It includes three charpters listed below:Charpter Ⅰ focuses on the relationship between iure personarum in Instiniani institutiones and humanism. Almost all of concepts and institutions of dvil law legal system developed out of andent Roman. Its arrangement of dvil code profoundly affected the development of dvil law and became one of two largest branches of dvil codes that was inherited by France. Having traced back to the sodety of andent Roman, I ascertained iure personarum in Instiniani institutiones is far from humanism. The purpose of personarum therein is to protect the benefits of family as whole, strengthen patria potestate to hold property and potestas vitae et morits, and avoid dispersion of property by restraining or depriving the right to inherit or dispose. Personarum therein is much close to qualify for owing or possessing property. Obviously, it does no matter with the humanism which arised out of Renaissance which is famous for advocating reason.Charpter Ⅱ mainly comments upon humanism charged analysis in two typical dvil law codes. There are two leading dvil codes in modern dvil law legal...