Derecho global y nuevo medioevo jurídico

Authors

  • Luis María Bandieri Author

Keywords:

Private Law, Common Law, Ius Cornmune, legal security, gIossers, legal positivism, codification, human rights, State monopolies, !ex mercaloria

Abstract

Work reviews present trend to plea for known ius cornmune (introduced in Middle Age) in global and supranational contemporary negotiations. Thoughts are presented here from a historical frame of application of this commoncustom practice globa1ly extended in present day farreaching contractual relations, ruling global business.

Author focuses on controversial issue of returning to outdated practices in dealing with globalization trend invading business and contractual particular relations. Work underlines possible fall back of positive law administration by a weakened NationState set aside as ruler and main protagonist in scenarios where differences between private and public disappear, to make room for decodification as a form of implementing rules and norms to regulate private and business life, by means of appealing to ius cornmune. Such figure is considered as an autonomous nonState across the world legal procedure, taken from past practices to rule actual global worldwide economic contracts, under prevailing respect for human rights

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Published

2009-07-19

How to Cite

Bandieri, L. M. (2009). Derecho global y nuevo medioevo jurídico. Díkaion, 11. Retrieved from https://dikaion.unisabana.edu.co/index.php/dikaion/article/view/316

Issue

Vol. 11 (2002)

Section

Articles

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