Functional specialization in Commercial Law
Study of the Autonomy of Commercial Law
DOI:
https://doi.org/10.14393/RFADIR-v47n1a2019-49644Keywords:
Commercial Law, Autonomy of Commercial Law, Leagal Reasoning, Social System Theory, Tropical Reasoning, Social Function of Legal ReasoningAbstract
The object of this work is the argumentative structures applied in matters of Commercial Law, but construed with elements from other fields of law. The problem is to evaluate recourse to those structures in the light of the social function of the legal dogmatics on Commercial Law. The theoretical approach is grounded in both social system theory and topical reasoning. The methodology consist in the explanation of the theoretical basis, the illustration by examples and the conclusions about the problem, that point out to a certain restriction to the use of structures from other fields of law.