作为一部生活之法,民法的核心功能是辩明权责、定分止争。民事活动可以适用哪些规则、遵循何种适用顺序,对于司法实践至关重要。民法总则草案对此规定:“处理民事纠纷,应当依照法律规定;法律没有规定的,可以适用习惯,但是不得违背公序良俗。”这标志着“习惯”被正式列为民法法源,意味着民事纠纷如出现法律没有规定的事项,法院可在一定条件下根据民间习惯或商业惯例作出裁决。 As a law of life, the core function of civil law is to discern the rights and responsibilities and to keep the fight against the law. The rules applicable to civil activities and the order in which they are applied are crucial to judicial practice. The draft General Provisions of the Civil Law stipulate: “Handling of civil disputes should be in accordance with the law; if the law does not stipulate a habit, it may not be contrary to the ordre public.” This indicates that “custom ” has been officially listed as the source of civil law, Means that civil disputes such as the law does not provide for matters that the court may under certain conditions based on folk custom or commercial practice to make a ruling.