著者

北居 功

出版者

人間環境学研究会

雑誌

人間環境学研究 (ISSN:13485253)

巻号頁・発行日

vol.4, no.1, pp.1-15, 2006

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This paper deals with an issue, why did Bernhard Windscheid write the literature on the actio of the roman civil law. He asserted that the actio of the roman civil law was not the right of bringing an action into court (Klagerecht), but the right of requesting an act against the another party (Anspruch). Through this assertion, he intended to reconstruct the system of the german material private law. The system which he made an attemt to establish took over a system, that Friedrich Carl von Savigny had asserted for bringing the new perspective into the german common law (gemeines Recht) in the 19th century. The actio-system of the roman civil law was replaced in the german common law by the new system of Savigny and Windscheid, which is called "the system of rights" by Professor Yasuhiro Ikadatsu.