The autonomy of the Commercial Companies Code — between unity and duality of private law

Abstract

This study concerns the unity of private law and the idea of returning to its dualistic concept. The article’s reasoning is based on the perspective of the Commercial Companies Code which, despite the normatively sanctioned monistic approach, can be considered as a specific regulation due to a far-reaching autonomy to traditional civil law as well as encouragement to discuss the return to a dual regulation of private law. Moreover, the current form of the provisions dedicated to commercial relations in the Civil code justifies the conclusion that we already have a regulatory dualism and that the notion of “unity” can be reasonably mentioned in the context of codification unity only. This circumstance, together with the progressive specialisation of trade and favourable socio-economic conditions, are inclined to review, reorganise, and complete the normative, essential regulation of this sphere either in the Civil code or in a new commercial code.