Transnational Law, between Ius Mercatorum and Ius Civile

Interpretation of Law in the Global World: From Particularism to a Universal Approach, Springer, 2010, pp. 353-377.

25 Pages Posted: 15 Feb 2014

See all articles by Cristián Gimenez-Corte

Cristián Gimenez-Corte

United Nations; Universidad Nacional del Litoral - Faculty of Law

Date Written: February 10, 2010

Abstract

This paper analyzes how transnational commercial law is determined, interpreted and applied by national judges from the continental legal system. For these purposes, this paper discusses the relationship between, “national law” and “international law” on the one hand, and the relationship between “civil law” and “commercial law” on the other. This analysis attempts to determine how these two sets of relationships influence and, at the same time, are influenced by the new process of the transnationalization of the law. A study of transnational commercial law cases upheld by national courts serves as the basis for the proposed analysis.

Keywords: Transnational law, Civil Law, Ius Civile, Commercial Law, Ius Mercatorum, Lex Mercatoria, Interpretation, Continental Legal System,

Suggested Citation

Gimenez-Corte, Cristián and Gimenez-Corte, Cristián, Transnational Law, between Ius Mercatorum and Ius Civile (February 10, 2010). Interpretation of Law in the Global World: From Particularism to a Universal Approach, Springer, 2010, pp. 353-377., Available at SSRN: https://ssrn.com/abstract=2395533

Cristián Gimenez-Corte (Contact Author)

Universidad Nacional del Litoral - Faculty of Law ( email )

Santa Fe
Argentina

United Nations ( email )

New York, NY 10017
United States

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