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法的产生最初是以不成文法的形式,即以习惯法为开端的。从以《汉谟拉比法典》和《十二铜表法》为代表的东西方法制文明的成文法源流开始,直至当代社会,在国外的立法和司法过程中,习惯始终占据着至关重要的地位。1804年拿破仑主持制定的《法国民法典》,习惯法成为法典的主要渊源之一。如关于已婚妇女无行为能力、夫妻财产共有制和某些继承规则等,大都依据习惯法。此外,法典还赋予了习惯法作为法国辅助性(或从属性)的法律渊源的
The law was originally produced in the form of an unwritten law, which started with customary law. From the origins of the written law of the Eastern and Western methodological civilizations represented by the Hammurabi Code and the Twelve Bronze Watch, until now, in contemporary foreign and domestic legal and judicial processes, custom has always occupied the utmost importance status. In 1804, Napoleon presided over the enactment of the French Civil Code, and customary law became one of the main sources of the Code. Such as the incapacity of married women, the common ownership of husband and wife and some inheritance rules, are mostly based on customary law. In addition, the Code also gives customary law as a legal source of French subsidiary (or subordinate)