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Title:

The autonomy of the commercial companies code — between unity and duality of private law

ORCID:

0000-0001-6785-2468

Subject and Keywords:

commercial law   civil law   private law   company law   monism of private law   duality of private law   unity of private law   Commercial Companies Code   civil code   autonomy of company law

Abstract:

This study concerns the unity of private law and the idea of returning to its dualistic concept. The article’s reasoning is based on the perspective of the Commercial Companies Code which, despite the normatively sanctioned monistic approach, can be considered as a specific regulation due to afar-reaching autonomy to traditional civil law as well as encouragement to discuss the return to adual regulation of private law. Moreover, the current form of the provisions dedicated to commercial relations in the Civil code justifies the conclusion that we already have a regulatory dualism and that the notion of “unity” can be reasonably mentioned in the context of codification unity only. This circumstance, together with the progressive specialisation of trade and favourable socio-economic conditions, are inclined to review, reorganise, and complete the normative, essential regulation of this sphere either in the Civil code or in a new commercial code.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Date copyrighted:

2020

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.121.3

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3993. Przegląd Prawa i Administracji, ISSN 0137-1134, 2020, 121, s. 25-36

Is version of:

Czasopisma Naukowe w Sieci

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.