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瑞士债法典的起草者之所以开创民商合一的立法方法,有其特殊的历史背景,但最根本的原因还在于民商合一能够更好地将普通私法(民法)与特别私法(商法)在统一的法典体系内融会贯通,避免因无法准确切割民法与商法导致的不便,实现法典整体的简洁与清晰,提高法律的安定性,促进交易安全。从功能比较的视角出发,在诸多法律问题上,瑞士法与德国法并无本质区别,民商合一与民商分立殊途同归。在立法体例上,选择民商合一模式的中国民法典起草者不可避免地要面对如下问题:如何将作为普通私法的民法与作为特别私法的商法在民法典中融为一体。对此,瑞士私法立法方法论方面的宝贵经验为我们提供了很好的参照系。
The fundamental reason why the drafters of the Swiss debt code created the legislative approach to the integration of the civil and the commercial has its own unique historical background. However, the most fundamental reason for this is that the principle of combining civil law with common law (civil law) and special private law ) In a unified codex system to get through to avoid inconvenience caused by the inability to accurately cut civil and commercial law, to achieve the conciseness and clarity of the Codex as a whole, to improve the stability of the law and promote transaction security. From the perspective of functional comparison, there are no essential differences between Swiss law and German law on many legal issues. In terms of legislation, drafters of Chinese civil code that choose the mode of integration of civil and commercial law inevitably have to face the question of how to combine civil law as a common private law with commercial law as a special private law in the Civil Code. In this regard, the valuable experience of the Swiss legislative methodology of private law provides us with a good frame of reference.