资本主义民商法的摇篮——西欧中世纪城市法、商法与海商法

城市法、商法与海商法是伴随中世纪城市兴起 ,商业和海上发展而形成的三支特殊法律体系 ,体现了新的经济关系与阶级关系的要求 ,是近代资本主义民商法的重要渊源。城市法是一种地域性很强的特别法 ,以特许状、行会章程和城市权力机关立法为主要法源 ,1 5世纪后 ,随主权国家的逐渐形成失去独立的存在条件而融入其他法律之中。商法与海商法是具有国际法性质的法律 ,以商事习惯和判例为主要法源 ,经历了从共同商法到国家商法的发展历程。

Cradle of Capitalist Civil Commercial Law

City law,the commercial law and the marine commercial law stand for the three special legal systems that came into being with the rise of cities in the Middle Ages,reflecting the demand of new economic and class relationships then.They functioned as an important source for civil commercial law of modern capitalist countries.The ciry law was confined to a particular region based on charters,regulations of guilds,and legislated by city authorities.It gradually became mingled with other laws after the 15 th century when independent cities no longer existed and sovereign states emerged.The commercial law and the marine commercial law were international ones mainly based on commonly accepted commercial regulations and cases.They experienced a process of developing from being commonly observed to being observed in individual countries.