Lex mercatoria

As Lex mercatoria in is called jurisprudence one Resulting medieval common law of merchants, which has been applied to cross-border transactions such. B. in the times of the German Hanseatic League from the 13th to 17th centuries.

In addition, in more recent times (also known as new merchant law ) it describes the entirety of international trade customs . Whether the lex mercatoria is capable of a choice of law as an independent law and what legal nature it has is a lively controversy in international private law . The sociology of law has increasingly dealt with the reality and mode of operation of the new lex mercatoria, its applicability in addition to national law, especially in the context of international arbitration .

literature

Legal history

Frank Eichler: Lex Mercatoria - the English market law of the Middle Ages: with the source texts and their translations . Mauke, Hamburg 2008, ISBN 978-3-931518-73-8 .

Rudolf Meyer : Bona fides and lex mercatoria in the European legal tradition . Wallstein, Göttingen 1994, ISBN 3-89244-072-7 .

New law merchant

Norbert Horn: Transnational commercial law: on the standard quality of the lex mercatoria . In: Festschrift for Karsten Schmidt on his 70th birthday . Schmidt, Cologne 2009, ISBN 978-3-504-06039-8 , pp. 705-724 .
Peer Zumbansen: Transnational Law, Evolving . In: Comparative Research in Law & Political Economy. Research Paper No. 27 . 2011, p. 7–8 ( yorku.ca [accessed March 5, 2018] Jan Smits (Ed.): Elgar Encyclopeadia of Comparative Law, 2nd edition, 2012).

Individual evidence

↑ Anonymous: Colford's Collection, in the "Little Red Book of Bristol" (late 13th century). In: trans-lex.org. Retrieved February 25, 2018 .
^ On the dispute: Klaus Peter Berger: Berger, Klaus Peter, The New Law Merchant and the Global Market Place - A 21st Century View of Transnational Commercial Law. In: trans-lex.org. Retrieved February 25, 2018 . - Klaus Peter Berger: The Lex Mercatoria and the TransLex Principles. In: trans-lex.org. Retrieved February 25, 2018 . - Gunther Teubner: Global Bukowina. On the emergence of a transnational legal pluralism . In: Legal History Journal . 1996, p. 255–290 , urn : nbn: de: hebis: 30-13207 (in the Open Access edition: pp. 8–11).
↑ Leonid Shmatenko: Is law merchant jeopardizing the Application of Substantive Law? ID 2251144. Social Science Research Network, Rochester, NY April 15, 2013 ( ssrn.com [accessed February 25, 2018]).
↑ cf. Volkmar Gessner / Ali Cem Budak (Eds.) Emerging Legal Certainty: Empirical Studies on the Globalization of Law. Ashgate: Dartmouth 1998 (Oñati International Series in Law and Society)

[1] Anonymous: Colford's Collection, in the "Little Red Book of Bristol" (late 13th century). In: trans-lex.org. Retrieved February 25, 2018 .

[2] On the dispute: Klaus Peter Berger: Berger, Klaus Peter, The New Law Merchant and the Global Market Place - A 21st Century View of Transnational Commercial Law. In: trans-lex.org. Retrieved February 25, 2018 . - Klaus Peter Berger: The Lex Mercatoria and the TransLex Principles. In: trans-lex.org. Retrieved February 25, 2018 . - Gunther Teubner: Global Bukowina. On the emergence of a transnational legal pluralism . In: Legal History Journal . 1996, p. 255–290 , urn : nbn: de: hebis: 30-13207 (in the Open Access edition: pp. 8–11).

[3] Leonid Shmatenko: Is law merchant jeopardizing the Application of Substantive Law? ID 2251144. Social Science Research Network, Rochester, NY April 15, 2013 ( ssrn.com [accessed February 25, 2018]).

[4] . Volkmar Gessner / Ali Cem Budak (Eds.) Emerging Legal Certainty: Empirical Studies on the Globalization of Law. Ashgate: Dartmouth 1998 (Oñati International Series in Law and Society)