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Arguments for the autonomy of commercial law
Arguments for the autonomy of commercial law

Author(s): Smaranda Angheni
Subject(s): Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: commercial law; autonomy; duality; unity; civil law; professionals; traders;

Summary/Abstract: The renunciation by the Romanian legislature of the general law applicable to commercial relations, namely the Commercial Code, is not a decisive and convincing argument regarding the "disappearance" of commercial law.The unification of the main regulations of private law, by including them in the Civil Code, does not mean that commercial law would no longer have arguments in support of its autonomous existence, distinct from other legal relations of private law.The civil law – commercial law dichotomy cannot be supported solely from the perspective of the Civil and Commercial Codes, since both the socioeconomic realities and, above all, the legal ones lead us to the conclusion of the continued existence of commercial law, be it as solely a discipline of study, in which the particularities of this field, so present in these times, are emphasized and analyzed.

  • Issue Year: VII/2019
  • Issue No: VII
  • Page Range: 465-471
  • Page Count: 7
  • Language: English