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现代体系化的民法滥觞于罗马法,而罗马法的体系化则滥觞于古希腊辩证法的引入。受辩证法浸染之前的罗马法表现为决疑法,并无体系可言。古希腊辩证法传入罗马后,经过罗马演说家/哲学家特别是西塞罗的发展,逐渐为罗马法学家所接受,成为体系化地重新建构市民法的工具,罗马法从此走上体系化之路。其中Divisio和Partitio作为辩证法中的两种具体的方法,对罗马法的体系化生成具有至关重要的作用,前者是属一种划分的“分种”的方法,后者是整体一部分划分的“分部”的方法,两者相辅相成,共同塑造了罗马市民法的体系,这种体系构成现代民法体系的基础。
The modern system of civil law came into being at the beginning of Roman law, while the law of Rome was at the very beginning of the introduction of ancient Greek dialectics. The Roman law before the dissemination of dialectics showed a law of doubt and there was no system at all. After the introduction of ancient Greek dialectics into Rome, gradually passed the development of roman orators / philosophers, especially Cicero, gradually accepted by Roman jurists and became a systematic tool for reconstructing the civil law, and the Roman law took a systematic turn road. Divisio and Partitio, as two specific methods in dialectics, are crucial to the systematic formation of Roman law. The former is a method of dividing “sub-species” and the latter is a part of the whole The “division” approach, which complements each other and together create a system of Roman civil law that forms the basis of the modern civil law system.