Romanian Review of Social Sciences

Universitatea Nicolae Titulescu

INDEXED BY

GetInfo - German National Library of Science and Technology

WorldCat

WZB – Social Science Research Center (Berlin)

Index Copernicus

New Jour Catalog (Georgetown Library)

EBSCO

Address

185 Calea Vacaresti, Bucharest

PHONE

+ 40 21 330 90 32

FAX

+ 40 21 330 86 06

EMAIL

rrss@univnt.ro

ISSN

2284 - 547X

ISSN-L

2284 - 547X

EDITOR

Dan Velicu
Nicolae Titulescu University

MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE

RRSS 2020 No. 19 - Romanian Review of Social Sciences

  1. Authors:
      • Dan Velicu

  2. Keywords: commercial code, Spanish law, codification, entrepreneurship, specific contracts

  3. Abstract:
     The last decades were dominated by the idea that an authentic process to modernize the private law means generally the unification of it by renouncing the distinction between civil and commercial law. A few European countries and some American states or provinces followed this path of the unification.  However, beyond the will to change and improve the system one may reflect if this kind of modernization is actually really proper.  Of course, there are lots of reasons for unification and reasons against it. Is there a possible and real alternative to this wave of unification? The draft of the Spanish commercial code could be a beginning point in order to settle this controversy.  For the first time, the lawmakers are trying to replace the actual code with a new modernized one without renouncing the above mentioned distinction.  Without claiming that we have entirely analyzed the topic, we propose a brief critical presentation of the major key issue of the draft.

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