Commercial law. Modern world systems of civil and trade (commercial) law (lecture notes)

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Commercial law. Modern world systems of civil and trade (commercial) law (lecture notes)

Lecture notes, cheat sheets

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LECTURE No. 3. Modern world systems of civil and trade (commercial) law

At the present stage, there are three main systems for constructing civil and commercial (commercial) law:

1) Franco-German system (or dualistic);

2) civil-monistic;

3) trade-monistic.

As the name of the first system indicates, it is predominantly common in countries such as France and Germany. In addition to these two countries, such a system of building civil and commercial law operates in many other countries, mainly located in Western Europe. Such countries with a dualistic system of building civil and commercial law include Spain, Portugal, Belgium, Luxembourg, the Netherlands, etc. This system is called Franco-German because it is these countries that had a special influence on a similar system of building civil and commercial law in other countries . The dualism of such a system for constructing civil and commercial law lies in the fact that in these states civil and commercial codified rules of law simultaneously exist and operate. At present, the Civil Code of 1804 and the Commercial Code of 1807 are in force in France. These codes were adopted under Napoleon, and later similar codes were adopted on their basis in other countries with a dualistic system of building civil and commercial law. In modern Germany, the German Civil Code of 1896 and the Commercial Code of 1897 also exist and operate simultaneously.

The essence of the trade-monistic system of building civil and commercial law lies in the fact that only the Commercial Code is in force in the country in the absence of the Civil Code. A prime example of this is the United States. The United States has a uniform Commercial Code, while there is no single State-wide Civil Code. Civil relations in the United States are regulated at the state level. Therefore, each US state has its own civil law, but trade law is the same for all the US as a whole. It can be assumed that the unification of commercial law in the United States is much faster than the unification of civil law.

As can be seen from the above examples, the dualistic system of building civil and commercial law is characteristic of countries with the Romano-Germanic system of law, and the trade-monistic system of building civil and commercial law is inherent in countries with the Anglo-Saxon system of law.

Under the civil-monistic system of building civil and trade (commercial) law, only the Civil Code is in force in the country and there is no separate Commercial Code. The Civil Code partly regulates trade relations. An example of such a system for constructing civil and trade (commercial) law is the Russian Federation. This situation is explained by the fact that in Russia trade (commercial) relations are only at the stage of their development, and, as already mentioned, commercial law is a new branch of law for Russia, existing only for a few years. In addition to Russia, the civil-monistic system of constructing civil and commercial law exists in many countries of the former socialist camp in Eastern Europe (in Ukraine, the Republic of Belarus, etc.), since the socialist economy did not imply the widespread development of commercial (trade) ties.

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