El argumento histórico de la duplicidad legislativa civil y mercantil, en materia de contratación privada

Resum

This report gathers a detailed breakdown of the historical rise and development of the commercial law. Herein, we have searched, and sometimes pound, the distinguising pattern that allows us to ascertain the distinction keys between commercial law and civil law. During the roman law period there was not specific and autonomous commercial law. It first appeared during middle age when the historic economic reality articled a special law for the trading world. Therefore, its exsitence is justifiable as the law for a special kind of people, the merchants making business. Following the chronological revision, the codification comes up. In that very moment the commercial law loses its professional condition and develops into the law of the objective actions of trading. To avoid the professional nature of the commercial law prevents the distinction between the lonely act of the straight commercial law from an act of civil law. This made critics arose around the codification and settled the origins of the called theory of the acts of commercial law en masse. The report finishes with the review of theory of enterprise last proposal. All these theoies have serious disadvantages to establish the contents limit between commecial and civil law, so that we may conclude stating that there is no clear distinguishing, and unique pattern that enables to establish the dividing line between both juridical branches.