问题 单项选择题

关于古罗马法与近代欧洲大陆法律制度的关系,下列哪一选项是正确的?

A.在罗马法复兴运动中成长起来的法学家阶层,为近代民法的形成发挥了重要的作用

B.大陆法系国家民法中的法人制度和民商分立制度发源于古代罗马法时代

C.近现代法律中的“法律面前人人平等”原则之规定没有受到罗马私法精神的影响

D.《德国民法典》采用了潘德克顿法学派按照《十二铜表法》阐发的民法体例

答案

参考答案:A

解析:

在罗马法的发展中,法学家起过十分重要的作用,他们推动了罗马法和罗马法学的发展,经过罗马法的复兴,以研究《国法大全》为突破口和中心,法学蓬勃发展起来,形成了一个世俗的法学家阶层,改变了教会僧侣掌握法律知识的情况。这就为把罗马法运用于实践准备了条件,从而为正在成长中的资本主义关系提供了现成的法律形式。所以A正确。

B项中,大陆法系国家民法中的民商分立制度发源于法国,民商分立的真正标志是19世纪初法国民法典和法国商法典的先后颁布施行,法人制度则发源于德国。C项中,“法律面前人人平等”原则之规定明显受到了充满自然法精神的罗马私法精神的影响。D项中,《德国民法典》采用了潘德克顿法学派的观点,是按照《学说汇纂》而不是《十二铜表法》阐发的民法体例来制定的。

填空题


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