2006Huazhong Normal University Journal of PostgraduatesRequires access

A Study of Legislative Patterns of Commercial Law

Liao Zhu-hong

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Abstract

When comes to generalization of Legislative Pattern of Commercial Law around the world,scholars always divide it into two patterns as separation of commercial law civil law and combination of commercial law civil law.Separation of commercial law civil law is a historical phenomenon.The modern separation is the code separation under nature-law ration concept.And the contemporary separation is the separation of commercial specific mechanism.The combination theory of commercial law civil law stems from the reproach of commercial code,and concludes historical and realistic reasons as its most persuasive evidences.The pragmatic school asserts the most obvious influence.The ″separation or combination″ pattern classification should never deter the content reference of independent system and the continuous independent development of commercial special statutories.

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What this paper is about

When comes to generalization of Legislative Pattern of Commercial Law around the world,scholars always divide it into two patterns as separation of commercial law civil law and combination of commercial law civil law.Separation of commercial law civil law is a historical phenomenon.The modern separation is the code separation under nature-law ration concept.And the contemporary separation is the separation of commercial specific mechanism.The combination theory of commercial law civil law stems from the reproach of commercial code,and concludes historical and realistic reasons as its most persuasive evidences.The pragmatic school asserts the most obvious influence.The ″separation or combination″ pattern classification should never deter the content reference of independent system and the continuous independent development of commercial special statutories.

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Available abstract

When comes to generalization of Legislative Pattern of Commercial Law around the world,scholars always divide it into two patterns as separation of commercial law civil law and combination of commercial law civil law.Separation of commercial law civil law is a historical phenomenon.The modern separation is the code separation under nature-law ration concept.And the contemporary separation is the separation of commercial specific mechanism.The combination theory of commercial law civil law stems from the reproach of commercial code,and concludes historical and realistic reasons as its most persuasive evidences.The pragmatic school asserts the most obvious influence.The ″separation or combination″ pattern classification should never deter the content reference of independent system and the continuous independent development of commercial special statutories.

Key concepts: Law, Commercial law, Civil law (Civil law), Legislature, Public law, Civil code, Generalization, Separation (statistics)

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