《中华民国民法典》作为中国法制史上第一部正式生效的民法典,历来受到学者较高的评价。事实上,前南京国民政府在完成国家统一之后面临社会变迁之际,为在立法中如何使本民族本位文化遗产与当时的法律新潮承前启后,如何使中国国情与外国法制兼容并蓄上煞费苦心。本文主要探讨的就是立法中民事习惯在与国家立法中博弈所发挥的作用。 As the first civil code in China’s legal history, the Civil Code of the Republic of China has always been highly praised by scholars. In fact, on the occasion of facing social changes after the completion of national reunification, the former Nanjing Kuomintang Government made great efforts to make China’s national conditions compatible with the foreign legal system and how to make the national cultural heritage and the new trend of law prevail in the legislation. This article mainly explores the role played by the civil custom in the legislation in the game with national legislation.