| 英文摘要 |
Savigny’s doctrine of conveyance contract influenced German and Taiwanese Civil Code fundamentally. This article attemps to analyse his doctrine from historical and systematic perspectives. Concerning the construction of conveyance contract, Savigny transformed the iusta causa traditionis of Roman law and regarded traditio as a contract. This proposition specifically developed the emphasis of the will to transfer ownership by the French jurist Donellus in the 16th century, and was endowed with theoretical foundation through distinction of legal relations in rem and in personam. It was further regarded as a valid legal rule on account of the theory of “internal system”. With regard to the abstraction of conveyance contract, Savigny inherited the common opinion since Accursius, Glossator of 13th century, which interpreted the famous antinomy between Iulianus and Ulpianus in Roman Law in a subjective manner, and refuted the “tiulus und modus acquirendi” doctrine of Usus modernus. Furthermore, Savigny established the connection between transfer of ownership and Roman legal doctrines of mistake and condictio on a systematic level, thereby fully revealed the implied principles of Roman law sources. In recent attempts of integrating European civil law, regulation of transfer of ownership has attracted more attention, and the future of abstraction of ownership transfer contract remains a key issue. |
