Review of the Standards for Distinguishing Civil and Commercial Matters in"The Civil Code"
During the Middle Ages,commercial law and civil law developed independently.In modern times,countries have unified legislation between commercial law and civil law,leading to the issue of their distinction.Whether adopting the legislative model of separating,or integrating,civil and commercial affairs,both need and can solve this problem.The article comprehensively reviews the specific rules in China's"Civil Code",explores the specific norms that should distinguish between the two laws,and points out that the problem can be solved by adding special norms of commercial law after the specific rules in the"Civil Code".There are a large number of rules in the general provisions and contract provisions that require differentiation between civil and commercial law.There are still some rules in the property rights,personality rights,and tort liability provisions that require differentiation between civil and commercial law.However,the marriage and family provisions and inheritance provisions belong exclusively to civil law and are independent of commercial law,so there is no need to consider the issue of differentiation between civil and commercial law.
integration of civil and commercial affairsseparation of civil and commercial affairsdistinction between civil and commercialspecial norms of commercial Law
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