MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE
The last decades were dominated by the idea that an authentic process to modernize the private law means generally the unification of it by renouncing the distinction between civil and commercial law. A few European countries and some American states or provinces followed this path of the unificatio...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.046.pdf |
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| author | Dan VELICU |
| author_facet | Dan VELICU |
| author_sort | Dan VELICU |
| collection | DOAJ |
| description | The last decades were dominated by the idea that an authentic process to modernize the private law means generally the unification of it by renouncing the distinction between civil and commercial law. A few European countries and some American states or provinces followed this path of the unification. However, beyond the will to change and improve the system one may reflect if this kind of modernization is actually really proper. Of course, there are lots of reasons for unification and reasons against it. Is there a possible and real alternative to this wave of unification? The draft of the Spanish commercial code could be a beginning point in order to settle this controversy. For the first time, the lawmakers are trying to replace the actual code with a new modernized one without renouncing the above mentioned distinction. Without claiming that we have entirely analyzed the topic, we propose a brief critical presentation of the major key issue of the draft. |
| format | Article |
| id | doaj-art-fa05dbc43b764a9dbe284d795528ec8e |
| institution | DOAJ |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2016-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-fa05dbc43b764a9dbe284d795528ec8e2025-08-20T02:42:51ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-291295MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODEDan VELICU0-The last decades were dominated by the idea that an authentic process to modernize the private law means generally the unification of it by renouncing the distinction between civil and commercial law. A few European countries and some American states or provinces followed this path of the unification. However, beyond the will to change and improve the system one may reflect if this kind of modernization is actually really proper. Of course, there are lots of reasons for unification and reasons against it. Is there a possible and real alternative to this wave of unification? The draft of the Spanish commercial code could be a beginning point in order to settle this controversy. For the first time, the lawmakers are trying to replace the actual code with a new modernized one without renouncing the above mentioned distinction. Without claiming that we have entirely analyzed the topic, we propose a brief critical presentation of the major key issue of the draft.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.046.pdfcommercial codeSpanish lawcodificationentrepreneurshipspecific contracts. |
| spellingShingle | Dan VELICU MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE Challenges of the Knowledge Society commercial code Spanish law codification entrepreneurship specific contracts. |
| title | MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE |
| title_full | MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE |
| title_fullStr | MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE |
| title_full_unstemmed | MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE |
| title_short | MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE |
| title_sort | modernizing the private law some key issues in the recent draft of the spanish commercial code |
| topic | commercial code Spanish law codification entrepreneurship specific contracts. |
| url | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.046.pdf |
| work_keys_str_mv | AT danvelicu modernizingtheprivatelawsomekeyissuesintherecentdraftofthespanishcommercialcode |