优先权历史渊源及现实意义

优先权制度最早起源于罗马法,法国法、日本法承继并将优先权制度发扬光大,但以立法严谨著称的德国民法典却将优先权制度拒之门外。中国也在很早有了优先权,但在现代立法中却没有统一的具体规定。在我国有关立法中,应借鉴西方诸国关于优先权立法的成功经验。

The Historical Origin of Priority and its Realistic Significance

The system of priority originated in the Roman law,which was inherited and developed by France and Japan,however,the civil law of Germany did not absorb the system in spite of its characteristic of preciseness during legislation.The system of priority lacked uniform and idiographic criterion in the modern lawmaking of China although it was appeared long ago.So in the contemporary era,it was significant that making progress in building up the system of priority in China referring to the experience of other western developed countries.