论法的精神(第六卷)
The Spirit of Laws (Book VI)

  • 作   者:

    查理·路易·孟德斯鸠
    Montesquieu

  • 译   者:

    李伟荣

  • 出版社:

    外语教学与研究出版社
    Foreign Language Teaching and Research Press

  • 语   言:

    双语

  • 支   持:

  • 电子书:

    ¥15.90

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“在中国最有影响的十部法国书籍之一”。

The Spirit of Laws is one of the ten most influential French books in China.

论法的精神(第六卷)主要追溯法国法律的起源和变革。

The Spirit of Laws (Book VI) mainly traces the origin and revolutions of French laws.

查理·路易·孟德斯鸠(Montesquieu,1689—1755),法国18世纪启蒙思想家,近代西方政治与法理学思想体系的主要奠基人。孟德斯鸠是一位百科全书式的学者,在学术上取得了巨大成就,曾被选为波尔多科学院院士、法国科学院院士、英国皇家学会会员、柏林皇家科学院院士。

Montesquieu (1689-1755), was a French judge, man of letters, and political philosopher.He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word "despotism" in the political lexicon. He has made great achievements and was elected as a member of the Academy of Sciences of Bordeaux, a member of the French Academy of Sciences, a member of the Royal Society, and a member of the Royal Academy of Sciences of Berlin.

如果父亲既不把儿子列为继承人,也不剥夺儿子继承权,其遗嘱无效。但是如果父亲既不剥夺女儿继承权,也不把女儿列为继承人,其遗嘱有效。原因很简单,如果父亲既不剥夺又不授予儿子继承权,那他就损害了孙子的利益。虽然其父亲还未立遗嘱,但是孙子有权继承父亲的遗产。若父亲既不剥夺又不授予女儿继承权,他不对女儿的孩子的利益造成损害。女儿的孩子不能继承其母亲的遗产,因为他们既不属于母系亲属,也不属于父系亲属。

When the father neither instituted his son his heir, nor disinherited him, the will was annulled; but it was valid, though he did not disinherit his daughter, nor institute her his heiress. The reason is plain: when he neither instituted nor disinherited his son, he did an injury to his grandson, who might have succeeded ab intestato to his father; but in neither instituting nor disinheriting his daughter, he did no injury to his daughter's children, who could not succeed ab intestato to their mother, because they were neither sui hœredes, nor agnati.

  • 第一章

  • 第二章 论法兰西民法的起源和变革

  • 第三章论制定法律的方式

  • 第四章 法兰克人封建法律理论和君主国建立的关系

  • 第五章 法兰克人的封建法理论与其君主制变革的关系

  • Chapter I

  • Chapter II Of the Origin and Revolutions of the Civil Laws among the French

  • Chapter III Of the Manner of Composing Laws

  • Chapter IV Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy

  • Chapter V Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of Their Monarchy

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