The marginal status of the source of law in international merchant law:an investigation from the perspective of legal history
As the direct historical origin of modern commercial law,international merchant law in the fundamental basis for modern commercial judgment.However,through exploring the historical development of international merchant law,it is found that international merchant law,as an autonomous rule,is always in a relatively inferior position in the process of competition with the statute law formulated by the state.Only when the function of the state is weakened,can international merchant law play a relatively greater role.Therefore,the function of autonomous international commercial law is the second-best choice for regulating commercial transactions.The international merchant law has many essential defects,even in the most glorious medieval period,it did not achieve a decisive independent legal system status,so it is impossible to put the great responsibility of unifying international commercial transaction rules on the autonomous international merchant law.
international merchant lawautonomous rulestatute lawsource of lawmarginality
万方数据
维普
