Търговското право под влиянието на европейското право
Commercial Law under the Influence of European Union Law

Summary/Abstract: Since the end of the 19th century, commercial law in Bulgaria and Germany has developed as “special private law of the merchant”. This traditional concept has become under the influence of the law of the European Union and thus the validity of its legal acceptance has been challenged. European law is aware of numerous rules relying on commercial law, but neither does it recognize a commercial law referring to the term “merchant”, nor even a codification of commercial law referring to different terms or concepts. „European commercial law“ is a fully integrated part of private and business law. As a result of the European influence commercial law is going to loose its independence as a legal discipline. Under European law the commercial law is substituted by a concept of law containing rules for specific commercial relations which are no longer determined by traditional personal characteristics of Bulgarian or German commercial law. Influenced by European law the modern business law not only supplements the traditional commercial law, but also offers the legislator a broader scope of regulation. In particular, the legislator can broaden the range of applicability of legal commercial rules. Furthermore, he is able to create rules protecting businessmen especially for the benefit of less skillful merchants or unexperienced start-up partners. Therefore: Commercial law is dead – long live commercial law!

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