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优先权制度起源于古罗马法,由《法国民法典》第一次以法律条文的形式予以了明确规定,后经日本及意大利等国民法典的发展,逐渐演交为一项独立而完善的制度。该制度在维护基本人权与社会稳定、保护公共利益与共同利益以及维持特定的社会经济秩序方面,所发挥的功能是不容忽视的。但我国目前立法中仍无统一的优先权制度也未建立起完善的替代性制度。本文先提出问题,从优先权的概念入手,进而对优先权的性质进行了理论上的分析。
The priority system originated from the ancient Roman law, which was first stipulated by the French Civil Code in the form of legal provisions. After the development of the national code such as Japan and Italy, it gradually became an independent and perfect system . The function that this system can play in safeguarding basic human rights and social stability, protecting public interests and common interests, and maintaining a specific social and economic order can not be ignored. However, there is still no unified priority system in our country’s legislation and no perfect alternative system has been established yet. This paper first put forward the question, starting from the concept of priority, and then the nature of the priority of a theoretical analysis.