International Business Law.doc

International Business Law
 
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Preface
 
Lecture  1   International Business Law & Its History
             For undergraduates
 
1.  Definition:
International business law regulates various affairs of international business transaction and anizations.
International business law includes usually: contract law, sales law, company law, negotiable instrument law, marine law, insurance law, etc.
 
2.  History
Business law is born and develops with the development modity economy.
Historically, business law came into being during the ancient Roman period() as early as 2600 years ago, but at that time business law was only a part of private law. Modern international law refers chiefly to European business law which originated from “ Law merchant”(商人习惯法) of Middle-Ages.
 
      Law Merchant: (1) international (2) explained not by court but anizations by merchants, which is similar to what is called today international arbitration or mediation (调解);(3) disputes are settled on base of fair and reasonable principles.
 
 
Lecture 2  Civil law system & Common law system
 
In today’s world, different countries may have quite different legal systems: for example, civil law, common law, socialist law, Islamic law, etc.
 
1.  Civil law system:
Civil law system established in continental Europe is based on prehensive code. Civil law came from the Roman tradition and was codified in the sixth century in the Justnian Code. In the eighteenth century, France codified the law into a civil, commercial, penal, civil procedure and criminal procedure code. Other European countries such as Germany and Switzerland followed with a codification of their law. The colonization of Africa, Asia, and Latin America spread the civil law system. However, some countries such as Japan , china simply adopted law based upon the civil law model. The characteristics are
(1)  to emphasize the importance of written law
(a)   all civil law countries divide their laws i