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随着欧洲政治、经济一体化进程的不断深入,法律的适用、协调和统一早已成为大家共同关心的问题。面对大陆法系和英美法系两大法律体系的差别、不计其数的各国法律规范之间的差异,在未来的统一的欧洲,如何解释这些法律,又应该在怎样的区域里适用怎样的法律,能否依据这些法律形成统一适用的法律规范和概念等问题一直困扰着各国法学家。要解决这些问题,要在欧洲形成统一的私法,就要使两大法律体系相协调。统一的法学无疑是统一的欧洲的基础。按照这一思路,首先在罗马法系中找寻“共同法”显然是使两大法系相协调的重要
With the deepening of the political and economic integration in Europe, the application, coordination and unification of the law have long been the common concerns of all. In the face of the differences between the two legal systems of civil law and Anglo-American law and the countless differences between the legal norms of various countries, how should these laws be interpreted in what future in a unified Europe? Laws, the possibility of forming uniform and applicable legal norms and concepts based on these laws have always plagued jurists in various countries. To solve these problems, if we want to form a unified private law in Europe, we must reconcile the two legal systems. Unifying jurisprudence is undoubtedly the foundation of a unified Europe. According to this line of thinking, it is obviously important to look for “common law” in the Roman legal system to reconcile the two major legal systems