Subject and Keywords:
commercial law reform ; monistic and dualistic concept of the private-law relations regulation ; commercial law codification ; stimulating entrepreneurship and development of the economy ; safety and integrity of commercial transactions ; implementing social market economy and other constitutional values
The article tries to find answers to why we need to return to the dualistic concept of private-law relations regulation while reforming commercial law. It states that commercial law reform is necessary not only to intensify entrepreneurship and ensuring the efficacy of economical processes, but also to implement a social market economy and other constitutional values. Aproperly and significantly functioning economy is a base of welfare and a fundament as well as a measurement of the level of rights and freedoms realisation. The monistic concept of regulating the private-law relations adopted by the legislator in the beginning of the socio-economic transformation, currently does not bring satisfying results in the conditions of the globalized economy, which uses large-scale modern digital technologies. To achieve the above-mentioned goals, the most suitable solution is the dualistic concept, assuming the institutional distinctiveness of commercial law. There is a wide spectrum of arguments prompting areevaluation of the idea of implementing a commercial code to the applicable legal order, as an optimal tool for developing commercial relations.