History of commercial law
Prehistoric Man's Time
As a result of the abandonment of nomadism and the appearance of agriculture, trade arises in the
form of excess production, whether food surpluses, clothing or various utensils and tools, of course
this type of trade was fundamentally based on the so-called barter, with which people exchanged
objects that they did not use for others in greater need.
There was always the fear of being scammed or that mercantile exchange was not beneficial that
was expected for both sides, with these letters and failures tattooed on the word barter, it is obvious
that at the end of everything, civilization changed it for a simpler and easier to understand
mercantile system of commerce for all. From this the currency began to be used, hence acquiring
the metal with which its true value was forged with different coins of different values, with this it was
already possible to make a good quantification of the goods that would satisfy all the components of
this mercantile system, the currency is perhaps the antecedent by excellence of commercial law. In
fact, today it is still the method used by all cultures of the world.
Background to commercial law during the Middle Ages
It was during the Middle Ages that commercial law was separated indefinitely into what would
become commercial law from the previous Roman civil law, for the first time and serving as a
precedent trade was granted its fair value as a derivative, however by the exponential growth of
commercial relations between all medieval peoples generated different products, different
currencies and different ways of marketing deserved its fair study and regulation, in an indivisible
part alien to ancient Roman law, it is believed that commercial law was born within the associations
of guilds and merchants, which flooded in medieval cities, thus better defending their interests and
helping a better integration of future participants into the world of commerce, both buyers and
sellers were interested in reaching the right price, so much is worth so much payment, justice
therefore was the virtue par excellence that characterized the trade, therefore different courts of
merchants arise and different statutes that mediated and resolved the differences that could cause.
Background to commercial law in modern times
Arises in France in what comes to make the birth of the so-called modern commercial law as we
know it, numerous edicts and legislations were drafted that for the first time and serving as
president understood and felt the needs claimed by commercial activities, it was so much the
impulse of commercial law that little by little it soon spread throughout the rest of the nations,
holding international congresses and conferences dealing with various issues and agreeing
negotiations between them. When it began to spread through the rest of the nations, commercial
law was taken by different points of view, for example:
The trade of France is one of those countries that know how to differentiate civil law and
commercial law, there is properly that separation between the law of the commercials and between
the law of the individuals and then the order of January 1948, properly a commission is created to
draft a similar code, in France they were properly discussing in those commissions in France on 9
January 1948 whether or not it was prudent to unify civil or commercial law, i.e. civil law and
commercial law belonged to a branch. The French choose to allow both civil and commercial law to
belong to different branches (Unification of commercial law, this means that some countries in
Europe decided to consider commercial law within a single branch, in addition to this, within the
branch of commercial law is studied about bankruptcy law, so in a few words bankruptcy
proceedings are about the issues of bankruptcies of companies ). While the Scandinavian countries
are of the opinion that commercial law belongs to civil law, there is a unification, but if we look back
at the Netherlands there is no formal unification, since it has to separate some issues of obligations
