L’influence du Code de commerce français au Brésil - (Quelques remarques sur la commémoration du bicentenaire du Code français de 1807)

摘要

The influence of the French Commercial Code of 1807 upon Brazilian Law, in particular on the drafting of the Brazilian Commercial Code of 1850, must be remembered at the time of its 200th Anniversary. Although the Napoleonic Code was in the heart of the Brazilian codification, the legislator was not insensitive to other influences, which allowed the development of a Commercial Code embracing many backgrounds, with features that distinguish it from its inspiring main reference. Such broadmindedness of the Brazilian legal culture, allied with the commercial law decodification trend, also present in both countries in recent years, allowed the evolution of the Brazilian commercial law in a way quite independent from the solutions suggested by the constantly reformed French commercial law. Nowadays, the influence of the French commercial law, and its recently renewed code, on the Brazilian commercial law is not so impressive. The Brazilian commercial law, characterised by its strong originality, is now the result of its multiple influences and, as it seems, has been moving towards the modern Enterprise Law set forth in its Civil Code of 2002.