Wednesday, April 21, 2010

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ARGUMENTS FOR AND AGAINST THE UNIFICATION. UNIFICATION

commercial law is a law class.
class not because anyone can engage in the activity.
• Difficult to law enforcement (not easily discriminate discipline applies in each case).
In law there are no absolute divisions.
• Difficult to exercise the rights, differences of competence and organization of institutions.
In most jurisdictions the competition is unified (there are civil and commercial courts).

• impeding the right, leading to casuistry and losing the general principles.
difficult not right.
• Unification is possible (Code of Turkey, Switzerland and England).
In most cases, unification is unified only general principles, remaining separate subjects in full.
OPINION THE CHAIR: unification is desirable common materials (eg obligations and contracts) but it is better not to hinder separation characteristics of commercial law (including progressivity and universality

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