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民法主要是从公法和私法的层面上划分,民法不同于其它的法律,它的产生和发展都有着一定的历史渊源,是各个部门法制定的基础。就民法的发展过程中,我们不难知道,民法的产生主要在市场经济的推动下,商业有了一定的发展,人们的生活富足,剩余价值的产生,生产力的提高,就构成了民法产生的先决条件。民法主要是调解社会关系,并以尊重和保护人的意志为立场的一种法律关系,与合同法有着密切的法律关系,它们相互制约和相辅相成,都是为人们更好的服务,使人们更好的受到法律的保护。本文就民法与合同法的法律关系从法律的制定、内容的互补、调整的对象以及相关的方面进行了合理的阐述,有利于促进民法与合同法法律关系的不断完善,使市场经济在法律的运行中更有序的运行。
Civil law is mainly divided from the level of public law and private law. Civil law is different from other laws. Its emergence and development have certain historical origins and are the basis for the establishment of various departments and laws. In the course of the development of civil law, it is not hard to know that the birth of civil law was mainly driven by the market economy, with some development in commerce, and people’s rich life, the generation of surplus value and the improvement of productivity constituted the civil law prerequisites. Civil law is mainly a kind of legal relationship that mediates social relations and takes the respect and protection of human will as its standpoint. It has close legal relations with the Contract Law. They are mutually restricting and mutually reinforcing, all of them serving people better, making people more Well protected by law. This article makes a reasonable exposition of the legal relationship between civil law and contract law from law making, content complementarity, object of adjustment and related aspects, which is conducive to promoting the continuous improvement of the legal relationship between civil law and contract law and making the market economy in law Run more orderly operation.