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COMMERCIAL LAW

Vol. 121 (2020)

The dualistic concept of private law and commercial agreements — comments in the context of the consignment agreement

DOI
https://doi.org/10.19195/0137-1134.121.9
Submitted
August 28, 2020
Published
2020-08-28

Abstract

Currently commercial contracts are not a normative category, unlike under the regulations of the Commercial Code. However, they are distinguished in the doctrine of civil law. The consignment contract as a commercial contract is regulated in the Civil Code in accordance with the concept of monism of private law. A return to dualism would require taking into account the current state of trade, its diversity, and the existence of consumer contracts.