ПОГЛЕД ВЪРХУ ТИПОЛОГИЯТА НА СИСТЕМНИТЕ ПОДХОДИ КЪМ ПРОБЛЕМА ЗА СЪЩЕСТВУВАНЕТО НА ТЪРГОВСКО ПРАВО В РИМСКАТА ПРАВНА СИСТЕМА
AN OVERVIEW OF THE TYPOLOGY OF SYSTEMATIC APPROACHES TO THE PROBLEM OF EXISTENCE OF ROMAN COMMERCIAL LAW

Summary/Abstract: The present article focuses on four main types of doctrinal approach to the question of existence of commercial law in the Roman legal system. The examination of this main subject is preceded by a study of a variety of definitions what is commercial law and the criteria for the differentiation from civil law as a branch of private law. Some scholars study the question of existence of commercial law in the Roman legal system from the position of the traditional concept of dualism which holds civil and commercial law closely connected, but nevertheless distinct branches. Others consider "Roman commercial law" as a set of special civil law regulations which create the ‘legal infrastructure' of commercial relations in ancient Rome. A third group of scholars argue that "Roman commercial law" should be considered as a "special private law of commerce". There is also a fourth, modern approach in the contemporary Roman law doctrine. Its main point is that the so-called "Roman commercial law" cannot be looked upon as a real ‘ius mercatorum'. It is rather a created by the praetor ‘ius exercitorum' as far as it concerns undertakers of specific economic branches only, such as shippers/shipmasters in maritime commercial shipping (exercitor navis), innkeepers (cauponаe, stabularii), bankers (‘argentarii') and tabernae keepers. The main aim of ‘ius exercitorum' is to ensure a sufficient level of legal protection provided to the clients contracting with the undertakers in question.

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