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德国和美国分别属于大陆法和普通法国家,两国法律制度差别甚巨。在民法方面,德国民法典是否以及在多大程度上影响了美国法,是本文的主要话题。作者指出,本质上为判例法的普通法或许具有某些与法典编纂不相容的特性。然而美国在19世纪也曾有过法典编纂的不成功的努力,20世纪的美国《统一商法典》作为自成一类的法典编纂,也因其主要起草人熟谙德国法的缘故而可能受到了德国法的启示。作者还从法哲学的角度分析了德国民法典的概念技术在美国法的应用,透过二者异曲同工之处看到了前者对后者一定程度的影响。尽管美国没有包罗万象的抽象化、体系化的民法典,却接受了德国的潘德克吞方法。最后,作者再度指出,普通法或许具有某些与法典化和抽象化不相容的特性,且由于美国法律文化的本性,很难全盘接受德国民法典的方法;相反,今日之德国法却受到了美国法的影响。
Germany and the United States belong to the civil law and the common law countries respectively, and the legal systems of the two countries vary greatly. In the area of civil law, whether and to what extent the German civil code affected American law was the main topic of this article. The author points out that the common law, which is essentially case law, may have some incompatible features with Codex codification. However, despite the unsuccessful efforts of the United States in the nineteenth century to codify the code, the 20th century United States Uniform Commercial Code, as a self-contained codified book, may have suffered as a result of its familiarity with German law by the main drafters Enlightenment from German Law. From the perspective of legal philosophy, the author analyzes the application of the concept of German civil code in American law. Through the similarities and differences between the two, the author sees the former has a certain degree of influence on the latter. Although the United States does not have an all-encompassing abstraction and systematic civil code, it has accepted the German method of Pandekoton. Finally, the author points out again that the common law may have some incompatibility with the codification and abstraction. Due to the nature of the American legal culture, it is difficult to fully accept the German civil code. On the contrary, the German law today is subject to The impact of the American law.