The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises”
Abstract: In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law.
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| Format: | Digital revista |
| Language: | English |
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Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas
2017
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| Online Access: | http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782017000200021 |
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oai:scielo:S1870-057820170002000212018-03-21The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises”Iturralde González,Raúl Commercial law commercial code civil code comparative law customs and practices business practices Abstract: In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law.info:eu-repo/semantics/openAccessUniversidad Nacional Autónoma de México, Instituto de Investigaciones JurídicasMexican law review v.10 n.1 20172017-12-01info:eu-repo/semantics/articletext/htmlhttp://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782017000200021en |
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México |
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MX |
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rev-scielo-mx |
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revista |
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America del Norte |
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| language |
English |
| format |
Digital |
| author |
Iturralde González,Raúl |
| spellingShingle |
Iturralde González,Raúl The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| author_facet |
Iturralde González,Raúl |
| author_sort |
Iturralde González,Raúl |
| title |
The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| title_short |
The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| title_full |
The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| title_fullStr |
The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| title_full_unstemmed |
The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises” |
| title_sort |
need to remove the civil code from mexican commercial laws: the case of “offers” and “firm promises” |
| description |
Abstract: In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law. |
| publisher |
Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas |
| publishDate |
2017 |
| url |
http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782017000200021 |
| work_keys_str_mv |
AT iturraldegonzalezraul theneedtoremovethecivilcodefrommexicancommerciallawsthecaseofoffersandfirmpromises AT iturraldegonzalezraul needtoremovethecivilcodefrommexicancommerciallawsthecaseofoffersandfirmpromises |
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