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On the Formal Rationality of Commercial Law in Common Law System

In: Frontiers of Law in China
Author:
Jinhai Xu
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Online Publication Date:
22 Oct 2011
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Common law traditionally contains the formal rationality of commercial law. According to common law tradition, there is no possibility of preventing commercial law from being formalized. Formalization of commercial law in common law system is an institutional demand of market economy and is jointly promoted by the legal tradition of common law countries. The commercial law in the two legal systems indicates that the commercial law is made depending on the market economy and the form of commercial law is restricted by legal tradition. The formalization and assimilation of commercial law are an internal need as well as an inevitable trend in the course of economic development.

Title:
On the Formal Rationality of Commercial Law in Common Law System
Article Type:
Research Article
DOI:
https://doi.org/10.1007/s11463-011-0144-2
Language:
English
Pages:
577–588
Keywords:
common law system; formal commercial law; market economy; legal tradition
In:
Frontiers of Law in China
In:
Volume 6: Issue 4
Publisher:
Higher Education Press (China)
E-ISSN:
1673-3541
Print ISSN:
1673-3428
Subjects:
China, Asian Studies

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