法学的发展与其他社会科学的发展一个最大的区别,在于其社会性、务实性。正因为法根植于社会中,社会是不断前进的,因此实体的法是常常要修订的。法的这种本质体现在各种实体法中。契约法的发展史,尤其是19世纪到20世纪以来的发展史也同样没有成为例外。本文想从近代至现代时期两大法系契约法理论的发展史上印证此观点。罗马日耳曼法系的源头源于罗马法,由于古代罗马帝国曾是一个 The biggest difference between the development of law and the development of other social sciences lies in its sociality and pragmatism. It is precisely because law is rooted in the society that society is constantly moving forward. Therefore, substantive laws are often amended. This essence of law is embodied in various substantive laws. The history of contract law, especially since the 19th and 20th centuries, has not been an exception. This article tries to confirm this point of view from the history of the contract law theory in the two legal systems from modern times to modern times. The origins of the Roman-German law originated from the Roman law, which used to be the ancient Roman Empire