COMMERCIAL LAW

Vol. 121 (2020)

On the need to verify the rules for the separation of economic (qualified) turnover

Pages: 51-67

Skory (Język Polski)

Abstract

The study addresses the issue of the place of commercial law in the legal system. The analysis, also from a historical perspective, covers various ways of separating commercial law, the names used to define this part of the law and the criteria for the qualification of commercial relations. The further part of the study discusses the impact of consumer regulations on the definition of an entrepreneur and the significance of this for the separation of economic (qualified) trade, as well as the risks associated with this process. In the last part, alternative ways of separating economic turnover are proposed, indicating also the need to unify regulations, to move away from the monistic system and to extend protective mechanisms appropriate for consumer relations also to bilateral economic relations, using the criterion of the degree of organisation of a given entity.