论文部分内容阅读
13世纪中叶以后注释学派为评注学派时代。此学派最重要之代表Cinus、Bartolus、Baldus等为14世纪时人。评注学派以Pesugia、Padua、Pavia等地为中心成为意大利法学发展之第二阶段。此阶段之重要性常被忽视。盖一般人常仅就评注学派在注释罗马法大全方面之成就而衡量其价值,就此方面而言,评注学派并无突出之贡献。只为注释学派之模仿者,故谓之后注释学派,其不同者乃不为前者为简短之注释,而系从事长篇之评注。①然评注学派之工作并不以此.彼等甚至从未从事解释罗马法之工
Annotation school after the middle of the thirteenth Century for comment school era. The most important representatives of this school are Cinus, Bartolus, Baldus and other 14th-century people. The commentary school centered on Pesugia, Padua and Pavia became the second phase of the development of Italian jurisprudence. The importance of this stage is often overlooked. The average person often weighs the value of the commentary school only by annotating the achievements of the Roman law, and in this respect, the commentary school does not make any significant contribution. It is only an imitator of the school of annotation. Therefore, the difference between the post-comment school of thought and the commentaries is not a brief comment on the former but a long comment. ① Although the commentaries do not work on the school, they have never even been involved in the interpretation of Roman law