Commercial law. Periodic classification of commercial law. The current stage of development of world trade law (lecture notes)

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Commercial law. Periodic classification of commercial law. The current stage of development of world trade law (lecture notes)

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LECTURE No. 4. Periodic classification of commercial law. The current stage of development of world trade law

1. Periodic classification of commercial law

Commercial law developed in Europe in the XNUMXth-XNUMXth centuries. n. e. Three main stages of its development can be distinguished:

1) Italian period;

2) French period;

3) German period.

This naming of the stages is not accidental, it is due to the fact that in certain periods of time each of the three named countries (Italy, France, Germany) one after another turned into centers of world trade as they developed and, consequently, developed new legislation in the field of trade. turnover.

The Italian period of development of commercial law (XI-XV centuries) - the time of the birth of capitalist relations, the time of the birth of commercial law. At this time, the Italian states become the center of world trade. Trade city-states appear (Genoa, Florence, etc.). Trade was the basis of the economy of such city-states. Medieval maritime law, based on maritime customs, becomes one of the elements of the emerging commercial law. Maritime law is formed in the Italian states because, due to geographical conditions, the Italian states carried out trade mainly by sea. In 1494 Luca Paciolli's book "Treatise on Accounts and Records" was published. In this treatise, Luca Paciolli summarized the experience of accounting in Venice and described the method of double entry accounting, and also gave the basic concepts of modern accounting: balance, debit, credit. During the birth of commercial law in the XI-XV centuries. laws are passed that regulate labor relations in a special way.

During the French period (XVI-XVII centuries), the role of France as a trading power increases. During this period, a strong trading estate was formed in France, which was supported by the state. In the 1673th century in France, an attempt was made to codify: a codified national legal act regulating trade relations was issued - the Commercial Ordinance of 1807. This Ordinance served as the beginning of the formation of commercial law. In XNUMX, the Napoleonic Commercial Code was published, which is still in force in France, and in the XNUMXth century. was applied by borrowing or exerting a strong influence on the development of commercial law in many other states of that time (in Italy, Belgium, Holland, Switzerland).

In the German period (XVIII - early XX centuries), the German states had a great influence on the development of commercial law in Europe and the world. In 1861, the then scattered German states adopted a common commercial code. After the unification of the German states in 1871 into a single Germany and the adoption in 1896 of the all-German Civil Code, the Commercial Code of 1861 was reissued in 1897, which significantly contributed to the further economic unification of Germany, and also contributed to the adoption of the Commercial Code in other states ( in 1899, on the basis of the German Commercial Code, the Commercial Code in Japan was adopted).

2. The current stage of development of world trade law

60s of XX century called the trade revolution, since it was during this period that there was a sharp increase in the volume of sales and marketing of goods. The methods of organizing production and trade have radically changed, and a close relationship has been established between production and trade. Marketing is developing in the USA and Western Europe - the study of demand for goods. They begin to seriously study and analyze the work of marketing and supply, develop a preliminary study of the need for the manufactured product and the possibilities of its sale. As a result of the study of supply and demand, it became profitable to produce exactly as many goods as they can be sold, which prevents the appearance of a shortage for a certain product and its overproduction does not occur. Large wholesalers appear on the markets. They create conditions for the influence of consumer interests on the development of production, on improving the quality of goods, and on expanding the range of goods. Highly professional intermediaries who specialize in various sectors of the economy appear in the trade turnover. As a result of the emergence of a class of intermediaries, many enterprises - manufacturers of products (especially large ones) have relieved themselves of the obligation to sell their goods and have focused their efforts on the introduction of new technologies for more rational production. In all developed countries, powerful trading networks have been created that are able to bring goods to a wide variety of consumer groups.

The trade revolution that took place required appropriate legal support. Commercial law began to develop rapidly. Previously existing commercial codes began to be updated, and where they did not exist, they were adopted. In the second half of the XX century. The United States has adopted a Uniform Commercial Code. UK in the 70s. 1980th century a number of commercial law laws were adopted: the Law on Fair Trade, the Law on Unfair Contractual Conditions, the Law on Purchase and Sale, etc. In the second half of the 1994th century. a large number of international agreements on trade issues are adopted (for example, the XNUMX UN Vienna Convention on Contracts for the International Sale of Goods). The activities of the International Chamber of Commerce are being activated. Various international organizations are being created: the UN Commission on International Trade Law (UNISTRAL), the UN Conference on Trade and Development (UNCTAD). In XNUMX, the countries of the European Union adopted the Common European Code of Private Law, the first part of which is called the Principles of European Contract Law. It is a kind of Commercial Code of the European Union.

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