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I. (Legal History)The elements of vertical pluralism were supplemented with structures of horizontal pluralism through their adherence to the idea of a ius commune (普通法). The Lombard libri feudorum (a twelfth century collection, originating in Lombardy, of feudal customs, which gained wide acceptance as a statement of the various rules governing the relation of lord and vassal.), the main source of feudal law, had early on become a part of the Corpus iuris civilis (民法); and while Canon law maxims were applied also in the context of the Roman ius commune, Canon law included substantial elements of Roman law. Here, the general principle was: ecclesia vivit leg Romana (教会的罗马法). Similarly, the lex mercatoria (商人法) was not a fully independent body of transnational commercial law, but rather consisted of many, mostly local, norms that modified Roman law in matters of commercial practice. Normally, the decisions of the merchants’ courts were based on the ius commune, which was indeed regarded as the “mater legis mercatoriae”(商人法之母). The Roman rules were only modified in accordance with the needs of commerce on the basis, for example, of the idea of an aequitas mercatoria (商人的正义). Altogether, this was a complex system with rules both conflicting with and complementing each other. For instance, the relationship between Canon law and the secular ius civile (世俗民法) was never without tensions. Indeed, the idea of a ius coinmune was in itself a plural one: the ius commune was based on a range of different legal sources and it integrated two independent legal systems, namely the mundane Roman law on the one hand and the Canon law of the Roman Church on the other hand. For a medieval jurist, the Decretum Gratiani (a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian) and later collections of Papal legislation were as important sources of the ius commune as the roman Corpus iuris civilis. In addition, these texts were complemented with the Emperor’s legislation (at least within the confines of the Old Empire), with the authoritative Glosses (commentaries) to the corpora iuris Romani (罗马法) and Canonici (as it was later called), and later also with the principles of Natural Law.51. The Lombard libri feudorum is ___.52. According to the author, the lex mercatoria ___.53. Which of the following statement is closest in meaning with the underlined sentence?54. Which of the following is NOT mentioned as the important source of the ius commune in the paragraph?



A.a compilation of feudal customs B.the name of a Lord in the 12th century C.the law originating in Lombardy D.a 12th century collection
问题2:
A.was a set of transnational commercial law B.was fully independent of Rome Law C.were local norms that modified Roman law in matters of commercial practice D.modified Roman law
问题3:
A.Different legal sources formed ius commune. B.Ius commune integrated Canon law and Rome Law. C.Ius commune is a word in plural form in Latin language. D.Mundane Roman law and the Canon law of the Roman Church are two independent systems.
问题4:
A.Principles of Natural Law B.Roman Corpus iuris civilis C.The authoritative Glosses to the corpora iuris Romani D.Lex mercatoria

相关热点: 商人法   普通法  

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I. (Legal History)The elements of vertical pluralism were supplemented with structures of horizontal pluralism through their adherence to the idea of a ius commune (普通法). The Lombard libri feudorum (a twelfth century collection, originating in Lombardy, of feudal customs, which gained wide acceptance as a statement of the various rules governing the relation of lord and vassal.), the main source of feudal law, had early on become a part of the Corpus iuris civilis (民法); and while Canon law maxims were applied also in the context of the Roman ius commune, Canon law included substantial elements of Roman law. Here, the general principle was: ecclesia vivit leg Romana (教会的罗马法). Similarly, the lex mercatoria (商人法) was not a fully independent body of transnational commercial law, but rather consisted of many, mostly local, norms that modified Roman law in matters of commercial practice. Normally, the decisions of the merchants’ courts were based on the ius commune, which was indeed regarded as the “mater legis mercatoriae”(商人法之母). The Roman rules were only modified in accordance with the needs of commerce on the basis, for example, of the idea of an aequitas mercatoria (商人的正义). Altogether, this was a complex system with rules both conflicting with and complementing each other. For instance, the relationship between Canon law and the secular ius civile (世俗民法) was never without tensions. Indeed, the idea of a ius coinmune was in itself a plural one: the ius commune was based on a range of different legal sources and it integrated two independent legal systems, namely the mundane Roman law on the one hand and the Canon law of the Roman Church on the other hand. For a medieval jurist, the Decretum Gratiani (a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian) and later collections of Papal legislation were as important sources of the ius commune as the roman Corpus iuris civilis. In addition, these texts were complemented with the Emperor’s legislation (at least within the confines of the Old Empire), with the authoritative Glosses (commentaries) to the corpora iuris Romani (罗马法) and Canonici (as it was later called), and later also with the principles of Natural Law.51. The Lombard libri feudorum is ___.52. According to the author, the lex mercatoria ___.53. Which of the following statement is closest in meaning with the underlined sentence?54. Which of the following is NOT mentioned as the important source of the ius commune in the paragraph?



A.a compilation of feudal customs B.the name of a Lord in the 12th century C.the law originating in Lombardy D.a 12th century collection
问题2:
A.was a set of transnational commercial law B.was fully independent of Rome Law C.were local norms that modified Roman law in matters of commercial practice D.modified Roman law
问题3:
A.Different legal sources formed ius commune. B.Ius commune integrated Canon law and Rome Law. C.Ius commune is a word in plural form in Latin language. D.Mundane Roman law and the Canon law of the Roman Church are two independent systems.
问题4:
A.Principles of Natural Law B.Roman Corpus iuris civilis C.The authoritative Glosses to the corpora iuris Romani D.Lex mercatoria

关于普通法的说法,正确的是()。

A.普通法是英国在11世纪后逐渐形成的一种判例法

B.普通法指针对一般人、一般事在全国普遍适用的法律

C.普通法指中央国家机关制定的规范性法律文件

D.普通法是调整某一类社会关系的法律

英国是普通法系的发源地。下列关于英国普通法和衡平法的哪些表述是正确的?(  )[2006年真题]

A、普通法具有“程序先于权利”的特点

B、普通法的形成是中央集权和司法统一的直接后果

C、衡平法重实质而轻形式,审判时既不需要令状也不采用陪审制,程序简便灵活

D、当衡平法与普通法的规则发生冲突时,衡平法优先

(判断题)商人法,指调整商人之间因商事活动所产生的各种关系的一系列习惯和法律的总称。(本题3.0分)
A、正确
B、错误

普通法法系中的普通法指的是()。
A.英国历史上的普通法
B.德国的普通法
C.流行欧洲的罗马法
D.法国民法

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