民法总论第一章(完结版)(国外英文资料).docVIP

民法总论第一章(完结版)(国外英文资料) On the application of civil law I. the basis of civil judgment 1., on the basis of fact, but this is not objective fact, but legal fact (in accordance with the law of evidence). If you lend him the money but you forgot to take IOUs, if he told you not to pay back the money, the court will sentence you to pay back the money. In the 2. code of civil law, a judge can not refuse a judgment on a civil case without the provisions of the law. 3. to what the law not as the basis of decision? Is the supplementary material. For example, some countries use customs and reasoning (Lei Tui) and in accordance with the legal principles, the Swedish code also stipulates that if none of the former, according to the legislation should be independent of the status of the law should be enacted. 4., the above-mentioned legal theory has several different views: 1) refers to the matter of course, that is, the principle of law. 2) refers to the principle of law, the existing law contains the principle of 3) jurists understand the law, that is, the principle of law 4) for the common life of society can not be ignored. The teacher thinks that the law should be considered first. In addition, it also includes the precedents of foreign legislative doctrines, which are used as legal principles. 5. Shandong high court case: bills disputes. At that time, China has no negotiable instruments law, the court of second instance verdict: wrote in the note has...... Characteristics, contrary to legal principles, not supported. The case was in the Supreme Court Press, which was judged in accordance with the practice of international instruments, especially in relation to the characteristics of the notes. Two, civil law interpretation 1., the provisions of the law are unknown or conflicting, contradictory and so on, requiring legal interpretation. 2., the interpretation of the law is limited by the rules of literal meaning, that is, it can not go beyond the scope of meaning. For exampl