Why it is worth returning to the concept of institutional distinctiveness of commercial law?

Abstract

The article tries to find answers to why we need to return to the dualistic concept of private-law relations regulation while reforming commercial law. It states that commercial law reform is necessary not only to intensify entrepreneurship and ensuring the efficacy of economical processes, but also to implement a social market economy and other constitutional values. A properly and significantly functioning economy is a base of welfare and a fundament as well as a measurement of the level of rights and freedoms realisation. The monistic concept of regulating the private-law relations adopted by the legislator in the beginning of the socio-economic transformation, currently does not bring satisfying results in the conditions of the globalized economy, which uses large-scale modern digital technologies. To achieve the above-mentioned goals, the most suitable solution is the dualistic concept, assuming the institutional distinctiveness of commercial law. There is a wide spectrum of arguments prompting a reevaluation of the idea of implementing a commercial code to the applicable legal order, as an optimal tool for developing commercial relations.