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法律行为在意大利民法典体系中的地位比较特殊,从一开始对法国法的全盘接受,没有采纳法律行为理论,到后来受到德国法的深刻影响,转而在民法的理论体系上采纳了法律行为,但是在民法典的立法体系上却没有遵从《德国民法典》关于法律行为制度的建构模式,这在一定程度上造成了理论与立法的脱节,造成了学者们对民法典解释的分歧。我们可以从意大利对待法律行为理论的态度上得出一定的经验和教训。
The status of legal act in the system of Italian civil code was rather special. From the very beginning, the overall acceptance of French law did not adopt the theory of legal act, and later it was deeply influenced by German law and instead adopted the legal act in the theoretical system of civil law However, in the legislative system of civil code, it failed to comply with the construction model of legal act system in the German Civil Code, which caused the disjunction between theory and legislation to a certain extent, and caused the scholars to disagree on the interpretation of civil code. We can draw some experience and lessons from the attitude of Italy in treating legal theory of behavior.