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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2011, Vol. 6 Issue (4) : 577-588    https://doi.org/10.1007/s11463-011-0144-2
research-article
On the Formal Rationality of Commercial Law in Common Law System
Jinhai Xu()
School of Law, Hohai University, Nanjing 210098, China
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Abstract

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.

Keywords common law system      formal commercial law      market economy      legal tradition     
Corresponding Author(s): Jinhai Xu,Email:jinhaixu@hhu.edu.cn   
Issue Date: 05 December 2011
 Cite this article:   
Jinhai Xu. On the Formal Rationality of Commercial Law in Common Law System[J]. Front Law Chin, 2011, 6(4): 577-588.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-011-0144-2
https://academic.hep.com.cn/flc/EN/Y2011/V6/I4/577
[1] Ignazio Castellucci. Reflections on the Legal Features of the Socialist Market Economy in China[J]. Front Law Chin, 2011, 6(3): 343-368.
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