Dynamism of legal relations and roman-law actions in medieval learned law : a basic analysis for rediscovering modern law.

在欧洲中世纪的学术法中，原告的主张是通过提起诉讼来解决冲突的。在选择诉讼的过程中，与被告和法官的沟通和讨价还价以及原告本人的意图都起了很大的作用。我们可以称之为动态的法律体系，它建立在行动者之间各种关系的基础上。本研究试图明确一个替代现代法律制度的理论基础之一。

In medieval learned law of Europe, the claim of the plaintiff was recognized through the action, which he raised to solve the conflict. As the action was selected, the communication and bargaining with the defendant and the judge as well as the intention of the plaintiff himself played a great part. We can call this a dynamic legal system, based on the various relations among the actors. This research tried to make clear one of the theoretical bases of an alternative to modern law system.