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UPA Perpustakaan Universitas Jember

On the Formal Rationality of Commercial Law in Common Law System

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Common law traditionally contains the formal rationality of
commercial law. According to common law tradition, there is no possibility of
preventing commercial law from being formalized. Formalization of commercial
law in common law system is an institutional demand of market economy and is
jointly promoted by the legal tradition of common law countries. The
commercial law in the two legal systems indicates that the commercial law is
made depending on the market economy and the form of commercial law is
restricted by legal tradition. The formalization and assimilation of commercial
law are an internal need as well as an inevitable trend in the course of economic
development.

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