From The Medieval Law Merchant To Modern Civil Code And Commercial Code

Dedicated to describe and make out some basic outlines for the process of evolutionof European continental law from the Law Merchant to modern Civil Code and CommercialCode within the background of trade evolution of European Continent, this article setout its basic frame as following: In the brief introduction, some legal and historical standpoints are illustrated as the basisof discussion. With sequence of time, the main text depicts stages of the Trade Revival andlegal development in European Continent in the latter Middle Ages(1000—1350),change oftrade pattern and establishment of the rule of "consent"(1350—1600), trade and law ofmodern sovereign country(1600—1750)as well as the Freedom of Contract and formation ofmodern Civil Code and Commercial Code and unite domestic market(1750—1807). Theconclusion reviews the transitional history of law in European continental trade from year 1000to 1807, based on which further discussion is given on the relationship between law andeconomy. History explored in this article can be mainly summarized as following, which is: In the first thousand year of Jesus Christ's birth, when trade in European Continent从中世纪商人法到近代民商法典 论文摘要 IVbegan to revive, the divided Europe could not provide and enforce relevant trade regulations.Merchants had to take advantage of covenant to form business communities with help oftrade caravans, associations and cities, creating and implementing regulations forthemselves. With a new round of trade expansion in Europe in the 14th and 15th century, trade patternhad changed greatly with stable markets replacing bazaar markets. In such transformationand expansion, the rule of consent abstracted from legal science was given a new meaning.On the other hand, establishment of the rule of consent added fuel to the fire ofdisorganization of business communities. With the complete formation of modern sovereign country and implementation ofmercantile policies in the 17th century, business was further divided into international anddomestic trade. No matter the upper or lower level of trade, monopoly became main patternwith the support of government. Although modern countries tried to obtain order anduniformity in administration by enacting early codes as well as to provide general and certainprotection for trade in a wider range of terrain, combination of state and capital made itfruitless. The French Great Revolution in the end of 18th century destroyed monopoly completely,and also removed the barrier of merchant's identity. The Freedom of Contract set up in therevolution laid foundation for the establishment of a concrete, free and open market. Surely,completion of such a principal relied on enacting the Civil Code and the Commercial Codethat were based on the modern legal science. By enforcing of modern codes, a "countable"legal order was ultimately set up for trade, which would be maintained and guaranteed by thestate. As conclusion, by reviewing the history of more than eight hundred years, the authorthinks the relationship between law and economy more like an entanglement of twoparalleling lines whose independent development and incidental joint created the miracle ofmodern market society. Whereas evolving from the Medieval Merchant Law to the ModernCivil Code and Commercial Code, European continental law can be considered as adeveloping process from a spontaneous order to modern legal system surpassing privateconnection. Finally, the author made a simple account on the issues of English law and moralbasis of market economy...