Research Of Grotius Private Law System

When talking about Grotius,we usually pays attention to the achievements of natural law and international law,and it is easy to ignore his contribution to modern private law.Among them,the The Jurisprudence of Holland has the most profound impact.The study of the text and its private law system is inseparable from the prosperous period of humanist jurisprudence in which Grotius lived,the inheritance of postmodernism,the theology of rights,and idealism,as well as in the works of Grotius’ s concept of property rights and rich private law doctrine.The foundation of the Grotius private law system is the concept of "subjective rights." Grotius is considered to be the first jurist who explicitly proposed and applied it to the practice of private law.He divided property rights into "real right" and "personal right".This division was finally formed through the concept of "subjective rights",which more clearly constructed the classification and logical interpretation of rights.It is the proposition of "subjective rights" that makes the private law system no longer completely follow the three-category structure of "human-object-litigation" of traditional Roman law.It separates "debt" from "material",and "litigation" is no longer mixed with substantive law.The law system is no longer a comprehensive and straightforward work of Corpus Juris Civilius,but a general abstraction,scientific and similar system of mathematical reasoning.This systematic research method has set a good start for the work of modern European private law system.These achievements can be glimpsed from the chapter style and content structure of The Jurisprudence of Holland.Finally,the achievements of the Grotius private law system not only belong to the humanist period of the seventeenth century,but also an important reference for modern private law of the eighteenth and nineteenth centuries.On the theoretical level,it affects Hobbes,Puffendorff,Wolff and others’ rational and natural rights ideas,and makes people’s research on natural law lean towards secularization and empiricalization.In the practice of the codification of nation-states,it has created reference texts for the Prussian Common State Code,the French Civil Code,and the Austrian Civil Code.After that,a form of rationalized legal pursuit became the new goal of law after the Enlightenment,and it also put forward higher requirements for systemization.To a certain extent,from the fruit of subjective rights created in the 17 th century to the formation of Pandekten in the 19 th century,Grotius still played an important value.Therefore,Grotius is not only a pioneer of modern rational law,but his private law contribution has played a bridge role between the Middle Ages and modern private law in the history of modern European private law.