A Study Of Evolution From The Medieval Law Merchant To Modern Commercial Law

The modern commercial law is come form medieval law merchant of the European. According to their willingness, medieval merchants create their own laws ,which can be used to adjust their own commercial relations between the customs and practices. From 12 to13century, law merchant was progressive developed from the local law to worldwide law and became a main of a law to adjust international commercial transactions relationship, but at the end of the medieval it has developed a commercial law which is ruled and recognized by the country because of law merchant became a national domestic legislation__ that is from the initial international law into a purely domestic commercial law. With the formation of the international market and international economic integration, the internationalization feature of commercial law showed clearly. from the medieval customary law to commercial law of the modern nation State and then to modern new commercial law, through international law -- domestic law -- international law so that it made the modern commercial law starts of a new renewable in a higher starting point.The thesis is adopted research methods of combination history and the theory, it generalized the basic characteristics of law merchant that evolution in several centuries through studying the background of medieval law merchant history. We can see that modern commercial law is based as commercial transactions, as a precondition for autonomy, as customary law and commercial practice for the main elements, as purposes in order to safeguard the transaction and pursuit of profit and efficiency objectives from the development trail of medieval law merchant to modern commercial law. And also can be seen commercial law plays an important role in the market economy. And to explore how businessmen from the most humble sectors continue to improve their social status; to explore law merchant was recognized as a progressive development of the legal coming from customary law and it contributes to the development of social economy.In our country, commercial law research started rather late and theoretical preparations are relatively weak, and through this study and hope that we can have some references to research of commercial Law of China. In our long feudal society history, commercial law is not seen as importance. Since the beginning of reform and opening up, commercial law is long affiliated with the economic law, which has never developed its own clear logic legal theory. Fortunately, law field is now aware of this abuse, and to establish and perfect their own special brand of commercial law theories.