瑞士债法典.pptx

瑞士债权法
王慧娟 刘娜
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2012年瑞士债权立法
100周年
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当谈起瑞士债权法的起源时，人们会常常提起法
。在着手起早
该法时，他确立了两项至为重要的原则：
第一，每个条款最多包含三段；
第二，每段不能超过一句话。
瑞士债法经历百年的发展，该原则依然得到
了遵循，瑞士债法是一部联邦法，它深深根
植于法律实践活动，灵活且贴近市民。
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Eugen Huber (July 31, 1849 – April 23, 1923) was a Swiss jurist and the creator of the Swiss Civil code of 1907.
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Huber was born in Swiss Canton of Zürich on July 31, 1849. His father was a physician. At the University of Zurich, Huber studied jurisprudence, where he received a doctorate in 1872 with a thesis on "The Swiss law of inheritance in its development since the separation of the Old Swiss Confederacy from the Holy Roman Empire." In 1875, he was a correspondent for a newspaper in Zurich until he replaced a judge in Appenzell from 1877 until 1880. In 1880, he became a professor of Swiss civil and federal law at the University of Basel and later, in 1888, he became a professor at Halle University in Halle and Wittenberg, where he taught legal history, private and commercial law, public land law as well as canon law and philosophy of law.
During this time, he began to write an extensive treatise on the private laws of the cantons, which was published in four volumes. In 1892, he was asked by the Swiss government to draft the Swiss civil code (Zivilgesetzbuch), which he completed in 1904. It was enacted in 1907 and entered into force in 1912. The Zivilgesetzbuch was applauded for being clear and modern, and it was later adopted in Turkey.
Huber was also a member of the Law Sources Commission of the Swiss Lawyers Society, which prepared the edition of the Collection of Swiss Law Sources.[1]
After 1908, he was one foreign correspondent of the first comparative law journal in the ., the Annual Bulletin of the Comparative Law Bureau of the American Bar Association.
Huber died in Bern on April 23, 1923, aged 73.
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瑞士债法的演变
1874年宪法改革起码使得联邦就私法的某些领域特别就是在债法和商法获得立法权。(1830-1873)(1882-1895)教授起草的第一部瑞士债权法于1881年生效，它实质上以1861年的《德国