| Roman law is the origin and foundation of the modern civil law system.The formalism character was important when it was gone through a process of gradual development from its origin to development to its final law system.Although the specific steps of the procedure or the specific content of the provisions may change,their origin and foundation are still based on the original provisions.Not only in the law of litigation,in Early Roman law,if a private act that produces legal effect,whether it has the effect of a real right(a transfer of title or the establishment of a property right)or a debt effect(that is,the creation of a debt),it would consistent with strict formalism.Formalism has always played an important role in Roman society.With the development of Roman law,the Romans always showed a tendency to pay attention to tradition,which made these early forms continue in the legal system.Even though they seem to be out of the specific requirements of the ages,the Romans also retained them systematically as one of the necessary elements for certain legal acts to take effect.In the development of the Roman private law system,these formalism acts are closely related to the Roman civil law tradition,but also show some common features.For example,they emphasize the accurate expression of the formula,pay attention to the concept of good faith,pay attention to the facts of the case and so on.They adjusted by praetors,then endowed with a new connotation of the ages while respecting the traditions of Roman society.This feature affects later generations with Roman Law.This formalism character has a profound influence on Germanic law and Canon law,and promotes the progress of the Reception of Roman Law.With the development of this trend,not only the European common law system is gradually formed under the construction of the spirit of Roman law,but also some important rules in English law have been perfected by using the principles of Roman law for reference. |
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