2005Legal ForumRequires access

On Commercial Law of Civil Law and Civil Law of Commercial Law--Concurrent Discussion About the Basic Ideal and of the Thinking of Codification of Our Civil Code

Zhao Wan-yi

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Abstract

The traditional view of unifying and enacting separately civil law and commercial law has its historical limitations. Nowadays, all of the countries are adapting their own traditional legislative mode of civil law and commercial law properly on the basis of national conditions. We should fully drawing on the legislative experience of other countries to deal with the relationship between civil law and commercial law. Our basic thinking to enact Civil Code is: to enact a code mixed with civil law and commercial law with the premise of the successful and modern transformation from the traditional private law, that is to say, or to unify the enactment of civil and commercial law with the volume of commercial law on the basis of defining and admitting the differences between civil law and commercial law correctly.

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What this paper is about

The traditional view of unifying and enacting separately civil law and commercial law has its historical limitations. Nowadays, all of the countries are adapting their own traditional legislative mode of civil law and commercial law properly on the basis of national conditions. We should fully drawing on the legislative experience of other countries to deal with the relationship between civil law and commercial law. Our basic thinking to enact Civil Code is: to enact a code mixed with civil law and commercial law with the premise of the successful and modern transformation from the traditional private law, that is to say, or to unify the enactment of civil and commercial law with the volume of commercial law on the basis of defining and admitting the differences between civil law and commercial law correctly.

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Available abstract

The traditional view of unifying and enacting separately civil law and commercial law has its historical limitations. Nowadays, all of the countries are adapting their own traditional legislative mode of civil law and commercial law properly on the basis of national conditions. We should fully drawing on the legislative experience of other countries to deal with the relationship between civil law and commercial law. Our basic thinking to enact Civil Code is: to enact a code mixed with civil law and commercial law with the premise of the successful and modern transformation from the traditional private law, that is to say, or to unify the enactment of civil and commercial law with the volume of commercial law on the basis of defining and admitting the differences between civil law and commercial law correctly.

Key concepts: Civil law (Civil law), Law, Public law, Comparative law, Commercial law, Private law, Civil code, Municipal law

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On Commercial Law of Civil Law and Civil Law of Commercial Law--Concurrent Discussion About the Basic Ideal and of the Thinking of Codification of Our Civil Code — Research Paper | ScholarLens