Assignment写作范文阅读-商人法

1、www.12y.org 留学生活网Assignment写作范文阅读-商人法所谓商人法是中世纪期间有关商人、商业事务的习惯法规和原则的总称。 因此，商人法是一个历史形成的概念，是对历史上形成的商人习惯法的总称。商人法曾经是关于商事的国际性法律，它以流行于整个欧洲的商人之间的普遍习惯和惯例为立法基础，并且在各国的商人法院几乎都得到统一的适用。Before introducing the relevant issues of British commercial law, it is necessary for the author to clarify some relevant terms. In reality, the concepts of Commercial Law are confused and vague, which are related to Commercial Law, Merchant Law, Commercial Law, Commercial Law, Commercial Law, etc. In English, there are Law Merc

2、hant, Business Law, Commercial Law, etc.The so-called merchant law is the general term of customary laws and principles concerning merchants and commercial affairs during the middle ages. Therefore, merchant law is a concept formed in history, which is the general term of merchant customary law formed in history.The concept of commercial law is more widely used in the division of legal departments and the formulation of legal codes. It is generally believed that commercial law is a branch law wh

3、ich is traditionally parallel to and complementary to civil law. Or special laws regulating the conduct of merchants, business organizations, and businesses.Business Law and Commercial Law are terms in Anglo-American Law system. It should be said that Commercial Law is actually a concept in continental Law system. In countries of Anglo-American Law system, there is no concept of Commercial Law in the sense of division of legal departments because legal departments are not distinguished. Not just

4、 the rules of the civil law and commercial law firm or the content of the commercial organizations, more is about the antitrust law, tax law, consumer rights and interests protection law, such as content, even includes real estate and mutual, wills and trusts, intellectual property, such as content, mainland scholars like a identity will be translated as commercial law or commercial law.The use of commercial law is an inaccurate concept in China, because the commercial law used in China actually

5、 refers to the concept of commercial law of planned economy, that is, the commercial legislation of a country with a planned economy is limited to domestic commerce, and its content is completely different from the traditional commercial law. Its essential significance should be the general term of the legal norms based on the industrial policy law.It is undoubtedly inappropriate to translate Commercial Law into Commercial Law according to the above analysis. Although there are some disputes on

6、some occasions, scholars generally agree that it can be directly called Commercial Law. Therefore, in this paper, the author calls British Commercial Law, namely Commercial Law in UK.Nothing in the history of English law is more remarkable than the birth and development of the merchant law. The merchant law had been an independent source of law for centuries and had been operated by its own independent merchant court until it was finally incorporated into the common law.Medieval merchant law is

7、the foundation of modern commercial law. Medieval merchants traded in and out of European markets and markets, and disputes between them were settled by special magistrates courts. Such as the municipal and municipal courts, and the staub courts. The judges and juries of the court are composed of the merchants themselves and apply the merchant law rather than the local common law.The merchant law was once an international law on commerce. It is based on the common customs and practices of the me

8、rchants throughout Europe and is almost uniformly applied in the merchant courts of all countries. In England, the merchant law was developed independently of the common law, and many of its principles were quite different from the common law. The validity of the merchant law comes from the spontaneous recognition of the merchants who seek the code of conduct. Merchant law meets their needs. It emphasizes the autonomy of contract conclusion, the transferability of current assets, etc. It is flex

9、ible enough to meet the needs of business practice. Most importantly, it avoids the technicalities of law by adopting a system of speedy adjudication, which judges cases on the basis of fair dealing and good faith. During this period, many important in modern commercial law system and concept to lay, such as: draft system, charter agreement and single system, the concept of transfer and circulation, stop delivery of goods transport system when the buyers bankruptcy, the goods still in transit, did not receive payment by the seller have a means of relief. If the seller gives notice to the carrier or other goods trustee of the cessation of payment, the seller shall have the right to require the carrier or other goods trustee to return the goods to him and shall have the right to take possession of the goods before payment is made by the buyer. If the seller does not exercise that right, the goods are included

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