民法中的不完全性法条

法条是构成民法的基本单元,根据法条可否作为请求权的独立依据,法条又分为完全性法条和不完全性法条。不完全性法条是立法技术的产物,在民法中十分普遍,有的是为了描述或说明其他法条上的构成要件或法律效果,形成了说明性法条;有的是为了限制其他法条的适用范围,形成了限制法条;有的是为了避免法条的重复与繁琐或者为了赋予相同的法律效果而要求参照、引用其他法条,这就形成了引用性法条和拟制性法条。

The Imperfect Act of Civil Law

The act is the basic unit with which consists of Civil Law. According to whether the act serves as the independent basis of the right of claim or not, it is further divided into the perfect acts and the imperfect act. The imperfect act is the production of legislative technique and is very universal in Civil Law. Some are explanatory acts which describe or explain the constitution elements and the legal effect of other acts; some are restrictive acts which restrict the scope of application of other acts; some are quotative acts and fictional acts which is used to avoid the repetition and overelaboration of other acts or applied to consult or cite other acts with the same legal effect.