The Lecture Named “The Relation Between Civil Law and Commercial Law —— Compiling of Civil Code” Was Successfully Held

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By Li Tingting June 15, 2015

On June 15, 2015, Professor Wang Wenyu from Taiwan University gave us an excellent lecture named “The Relation Between Civil Law and Commercial Law —— Compiling of Civil Code” at Room 211, No.2 Building. The lecture was hosted by Professor Ge Weijun from law school of SHUFE. Moreover, not only law school students, but also Professor Song Xiaoyan attended the lecture. The whole lecture lasted for about two hours.

At the beginning, Professor Wang told us that although the civil law is unified superficially, basic components are separated in fact. In Professor Wang’s opinion, commercial law is administered and mandatory, while civil law is transactional and arbitrary. For one thing, we can find a close relation between civil law and commercial law from business trade, corporate affairs bills and insurance. For another, commercial law is different from civil law because of the nature of commercial law. As for the concept of goodwill protection, Professor Wang analyzed that civil law preferred to stand by goodwill, but person with goodwill will get nothing incommercial law. All in all, from the view of Professor Wang, it’s the special features that make commercial relationship has difference with civil relationship. When we deal with commercial disputes, we should resolve them from the angle of the commercial law, including the purpose of legal norms, the nature and the point of economy, rather than from the perspective of civil law.

In the second part, Professor Wang told us a better understanding on the limit between civil contracts and commercial contracts. He listed two examples, namely, assurance of banks and legal nature of league. In the case of assurance of banks, Professor Wang mainly researched on the question that dependency rules of assurance is arbitrary or mandatory. As for legal nature of league, Professor Wang explained the relationship between contract interpretation and arbitrary rules as well as the urgency of application of the arbitrary rules in analogy. He thought it’s of great importance to distinguish the mandatory interpretation with the arbitrary interpretation in contracts. Unluckily, most jurists have a worse business knowledge, leading to an unsuitable interpretation of contracts. Professor Wang made a conclusion that free contracts, arbitrary rules and appropriate interpretation are all needed when dealing with commercial contracts. Nowadays, with the rapid development of economy, commercial law is getting rid of the stale and bringing forth the fresh. In addition, both the third-party payment and the electronic commerce promote the rise of department laws of commerce. Professor Wang thought that commercial law is colorful while civil law is black or white. To assure the development of commercial law, civil law need to retain a certain degree of flexibility and openness. He emphasized that the development of whole law system. When to the topic ofdisadvantage of united system of civil law and commercial law, Professor Wang mainly explained the following two points. On the one hand, commercial department laws aren’t enough. For example, limited partnership and trust law are all restrained by civil law concepts, numerous clauses principle and public registration. For another hand, when we interpret commercial law, we tend to ignore legal purpose and basic principles of commercial law. Owing to the little attention to the department laws in Taiwan from the civil jurists, the department laws have a slow development. We should have a clear awareness that there is a symbiotic relation betweencivil law and commercial law.

At last, Professor Wang made a summary. As for commercial law, civil code had better play a facilitative role. When compiling civil code, we should combine the nature of Chinese civil law and commercial law to build a suitable relation between them. From the experience of Taiwan legislature, it is wholly admissible to unify civil law and commercial law. However, the difference is that we cannot maintain the peculiarity of commercial law. It’s hard for commercial law to move a single step without civil law.At the same time, civil law will reduce its power without commercial law. In a word, the relation between them is one of mutual interdependence.

Before the end of the lecture, Professor Wang had a positive interaction with students. Students learnt a lot from Prof. Wang’s rich experience in the commercial law and a quick thinking. The lecture ended up with a warm applause.

Published：2015-06-19 Hit：635