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我国民法典编纂所涉及的最根本问题便是民法总则。近来,我国民法学界针对民法总则产生了四大争论,分别是民商关系如何处理、人格权如何定位、法人应当如何分类以及如何定义法律行为。我国民法典起草所涉及的最根本问题是民法总则问题。近来,民法学界中关于民法总则争论较大的有四个问题:一是民法和商法的关系如何处理;二是民法和人格权的关系;三是法人究竟该如何分类;四是如何定义法律行为。实际上,民法典编纂的其他问题都比较容易解决,只有这四个问题分歧较大,以下分别述之。民法与商法的关系传统民法很少反映商法的原则,因
The most fundamental issue involved in the compilation of our civil code is the general rules of civil law. Recently, four major controversies have arisen in the general law of civil law in China’s civil law scholars, namely, how to deal with the relationship between civil and commercial businesses, how to position the right of personality, how to classify legal persons, and how to define legal acts. The most fundamental issue involved in the drafting of our country’s civil code is the general issue of civil law. Recently, there are four issues in civil law jurisprudence debate about the general law of civil law: first, how to deal with the relationship between civil law and commercial law; second, the relationship between civil law and personality right; third, how legal persons should be classified; and fourthly, how to define legal acts . In fact, the other issues codified by the Civil Code are relatively easy to resolve. Only the differences between the four issues are greater, as described below. The relationship between civil law and commercial law Traditional civil law rarely reflect the principle of commercial law, because