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一、问题:商事与家事界线的模糊化1、商事法与家事法在传统的法学理论和法律实践中,商事法和家事法有着较为明显的边界和区别。一般认为,商事法领域主要在于调节经济交往行为与企业运行中关涉的问题,其具有更为明显的财产属性;而家事法则主要在规范婚姻、家庭与财产继承等问题,其具有更有明显的人身属性。我国著名民商法学者杨立新教授将家事法界定为:“家事法是关于民法调整家庭领域中的亲属身份关系和亲属之间生前死后的
First, the problem: the fuzzy commercial and family lines 1, Commercial Law and Family Law In the traditional legal theory and legal practice, commercial law and family law has more obvious boundaries and differences. It is generally believed that the area of commercial law mainly lies in the regulation of economic exchanges and the operation of enterprises, which have more obvious property attributes. The rules of family law mainly regulate such issues as marriage, family and property inheritance, and have more obvious Personal attributes. Professor Yang Lixin, a famous civil and commercial law scholar in our country, defines the law of family as: ”The law of family affairs is about the relationship between the status of relatives in the field of civil law and the death of relatives