Philosophical Contrasts in Commercial and Consumer Law - Should we Codify Commercial Law?

摘要

With roots stretching back to the pre-medieval era, commercial law developed from the Lex Mercatoria - the original law for merchants.1 This provided a flexible and speedy freedom to contract for merchants. However, mainly since the Second World War, a greater socio-emphasis has arisen within society,2 resulting in an emphasis shift towards consumer protection. This article will seek to examine the fundamental philosophical differences between commercial and consumer law, analyse the depth of difference and evaluate whether the differences support the proposition that commercial law should be codified.