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Vom Kerbholz zur Konzernbilanz?

Authors :
Kent D. Lerch
Source :
Rechtsgeschichte - Legal History, Iss Rg 05, Pp 107-127 (2004)
Publication Year :
2004
Publisher :
Max Planck Institute for Legal History and Legal Theory, 2004.

Abstract

The transnational law merchant or lex mercatoria claims to have its roots in a medieval law merchant, whose growth is said to have been facilitated by the commercial revolution of the eleventh and twelfth centuries, when mercantile law in the West supposedly came to be viewed as an integrated, developing system – a body of law. This concept of a medieval lex mercatoria meshes well with the notion of the universal character of commercial law, which has gained considerable influence through the work of Levin Goldschmidt. His thesis continues to influence the current debate without ever having been tested thoroughly. However, the nature of the medieval law merchant can only be divined by having recourse to those sources which are constantly quoted but rarely consulted: the Little Red Book of Bristol, Fleta and Gerard Malynes’ Consuetudo vel Lex Mercatoria: Or, The Ancient Law-Merchant. It can be shown that the medieval law merchant was not so much a system of mercantile practice or commercial law as an expeditious procedure especially adapted for the needs of men who could not tarry for the common law.

Subjects

Subjects :
MPIeR
Law
Political science

Details

Language :
German, English, Spanish; Castilian, French, Italian, Portuguese
ISSN :
16194993 and 21959617
Issue :
Rg 05
Database :
Directory of Open Access Journals
Journal :
Rechtsgeschichte - Legal History
Publication Type :
Academic Journal
Accession number :
edsdoj.3efb406de0419eb52a232555acb2c0
Document Type :
article
Full Text :
https://doi.org/10.12946/rg05/107-127