论文部分内容阅读
英美财产法的功能是在人们日常的、正常的生活轨道中,为人们实现个人意图提供了一整套工具和规则。财产法中的权益概念、构成财产关系的方法与财产交易的技术手段对于一个国家的经济发展至关重要。财产法属于私法,但是离不开国际法和公法的大背景,这些法律都提供了保护私有财产的基本原则和规范。在私法领域的财产法的法源主要是判例法和成文立法。在判例法中普通法和衡平法都为财产法做出过重要的贡献。由于历史原因,英美财产法中有许多独特的专业术语,这些术语不仅不同于日常英语,在财产法的语境中也不只一个意思,需要根据上下文来判断它们的具体的确切含义。
The function of the Anglo-American property law is to provide a set of tools and rules for people’s personal intentions in their daily, normal lifestyles. The concept of rights and interests in property law, the method of forming property relations and the technical means of property transactions are of crucial importance to the economic development of a country. Property law is a private law, but it can not be separated from the general background of international and public law. All these laws provide the basic principles and norms for the protection of private property. The law sources of property law in the area of private law are mainly case law and written legislation. In case law, common law and equity have all made important contributions to property law. Due to historical reasons, there are many unique terminology in the Anglo-American Property Law. These not only differ from everyday English but also have more than one meanings in the context of the Property Law. They need to be judged according to the context to determine their exact meanings.