罗马法中的债及民事责任制度

罗马法中存在债和责任的分离,两种制度随着罗马社会经济、政治、宗教甚至法律本身的发展而不断拓展其外延并丰富其内涵,在罗马法律生活中发挥着不同的功能。债制度充分体现法律对自由意志的尊重,而责任制度的设计则体现公权力对市民社会生活进行的必要干预。

The Regimes of Obligation and Civil Liability in Roman Law

Obligation and civil liability were two different systems in Roman law.With the development of Roman economy,politics,religion and even law itself,the two systems had been much expanded both in their scope and their connotations,which led to their different functions in Roman legal life.While the system of obligation was an embodiment of much respect for the will of freedom,the system of civil liability was designed for the necessary intervention of public power in civic social life.