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早期的商法以罗马法私法为适用规范。随着中世纪商人在法律上对贸易活动调整的客观需要,罗马私法已不能适应当时的社会经济发展。由于当时教会法和世俗法等各种因素对商业的发展和商人的利益不利,于是商人阶层先是自发地而后自觉地创设并发展内部的贸易活动准则———商人法,经过斗争而上升为法律。商法是罗马私法的急先锋和开拓者,向阻碍商品经济发展的封建法律发起挑战,同时也促进了民法(私法)的发展。
Early commercial law to Roman private law for the application of norms. With the objective needs of medieval merchants in regulating trade activities legally, the Roman private law can no longer meet the current social and economic development. Because various factors such as church law and secular law were unfavorable to the development of commerce and the interests of merchants at that time, the merchant class first spontaneously and then consciously created and developed the internal trade code of conduct --- the merchant law, which rose to law through the struggle . Commercial law is the vanguard and pioneer of private law in Rome, which challenged the feudal law that impeded the development of commodity economy and also promoted the development of civil law (private law).