The difference between international commercial law and civil law, civil and commercial law and inte

International commercial law is a general term for the legal norms that regulate international commercial relations. The object of its adjustment is international commercial relations, which are the commercial relations formed by commercial organizations of various countries in the course of transnational operations.

The civil law is a general term for the legal norms that regulate the property and personal relations between citizens and legal persons, between citizens and legal persons, who are equal subjects.

Its nature is:

1. The civil law is the basic law for adjusting the relations of the socialist market economy;

2. The civil law is civilized law;

3. The civil law is a code of conduct and a standard of adjudication;

4 In countries where civil and commercial law are separated, civil law is all private law except commercial law; In a country where civil and commercial law are integrated, civil law is the entirety of private law;

5. In terms of its content, it is a law that stipulates whether the subject of rights has rights and obligations, so it is a substantive law, not a procedural law;

6 that, to the extent of its application, is a law in force within the territory of a State, and is therefore a domestic law rather than an international law;

7 In terms of its effect, it is a law generally applicable among subjects throughout the country, and is therefore a common law and not a lex specialis.

The most important feature of civil law is that it regulates the personal and property relations between equal subjects.

Whereas, commercial law is mainly a legal norm that deals with commercial transactions, relationships, etc. between different countries.

International commercial law and civil law are not the same thing. International commercial law mainly refers to the commercial law of various countries, for example, in China, civil law and commercial law are called civil and commercial law together. International commercial law mainly studies the legal norms of the common law system and the civil law system on commercial issues, and also introduces the respective regulations on commercial relations of major Western countries.

Civil and commercial law is the law that regulates civil and commercial matters, and refers to civil law and commercial law. International law refers to the law that regulates international relations, and international law refers to the totality of the application of legal rules between sovereign States and between other entities with international personality.

The basis for the effectiveness of international law cannot be separated from the following basic facts: closed to international law is mainly about the law between states, and is the actual existence of legal principles and rules, not reason, conscience or policy, this legal system is formed and developed in the process of state exchanges, and its participation in the formulation of the land is the state.

The differences between the specific state files are as follows: 1. The subject of adjustment is different: the subject of civil law adjustment is the civil subject (natural person, legal person, other organization, state), and the commercial law adjusts the commercial subject.

Natural persons, legal persons, other organizations) 2. The objects of adjustment are different: the objects of adjustment of the civil law involve all aspects of life. Commercial law regulates only the area of circulation.

3. The legislative purpose is different: the civil law pursues social fairness and justice, and the commercial law pays attention to the safety of transactions! (For example, the non-causality of negotiable instruments in the Negotiable Instruments Law is to ensure the safety of the transaction) 4. The status in the country's legal system is different

The civil law is the departmental law of the state and is the basic law. Commercial law is not, it is the lex specialis of civil law.

Article 7 of the Civil Code: Civil entities engaged in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.

1.This case is not the responsibility of Party A, because the clause is FOB, when the goods have passed the ship's side, Party A's obligations have been completed, and it is the shipping company that caused the damage to the goods, that is, the logistics liability, and the logistics should compensate Party B.

2.Lan's company is in breach of contract, because the signed shipping period can be used as a reason for change, and the operation can be negotiated, otherwise it must be shipped in accordance with the contract.

The main content of the International Commercial Law is that international commercial law refers to the general term for the adjustment of various legal norms of international commercial transactions and international commercial organizations, as an independent discipline in the legal system, which is different from international economic law and international private law. With the increasing number of international economic exchanges, countries are increasingly connected and dependent on each other.

International Business Law, International Business Law, International Business Law Rubber Manuscript Regret is also the international Liang Zheng business, this law, so if you want to respect this and read through international business law, it will also take a lot of hardship, I can learn this to learn this to learn this to learn this to learn.

Lu Haoji: The main content of the book is that international commercial law refers to the general term for the adjustment of various legal norms of international commercial transactions and international commercial organizations, and as an independent discipline in the legal system, it is different from international economic law and international law.

2. Characteristics of commercial law.

The characteristics of commercial law refer to the fundamental signs that distinguish commercial law from other laws, and are the external manifestations of the essence of commercial law, mainly with the following characteristics:

1. For-profit characteristics of commercial law adjustment behaviorCommercial behavior is related to interests as the name suggests, and for-profit is the main feature of commercial activities, such as the establishment of the identity of commercial entities, the definition of commercial behaviors, the purpose of commercial activities, and the principles of commercial legislation and justice, all of which are related to profit, and the same is true of the system of commercial law.

2. The specificity of the object of adjustment under the commercial law.

As a special law of civil law, commercial law is different from civil law in terms of the object of adjustment. The object of adjustment of the civil law is universal, while the object of adjustment of the commercial law is determined, and it is only applicable to those who have the qualification of commercial subjects for the performance of commercial registration, or in other words, only to commercial acts.

3. Commercial law norms are strong technical and volatile.

Commercial law is a practical law, which makes specific and detailed provisions on the behavior mode, behavior links and behavior rules in commercial behavior, which is operable and technical. The norms of commercial law themselves must reflect the needs of real commercial transactions in a timely manner, and the content and form of commercial transactions are developing and changing, so commercial laws are revised more frequently than other laws.

4. The public law of commercial lawCivil law countries divide law into public law and private law, and commercial law, as a part of civil law, should essentially belong to private law, but it contains a large number of public law provisions, such as the regulation of the state to intervene in commercial transactions through legislation.

5. The internationality of commercial law.

Commercial law originally originated from the custom of commercial transactions, which themselves are a cross-border activity. Thus, in the early stages of human society, commercial law was primarily a custom and practice of transnational commercial transactions, and this state of affairs continued until the Middle Ages. Since the 20th century, with the further development of capitalism and the strengthening of the trend of globalization, the call for the internationalization of commercial law has been increasing, which eventually led to the following results, international commercial legislation has been strengthened, and the domestic laws of various countries and international commercial laws and practices have been more coordinated.

The differences between international commercial law and international civil law in principle are as follows:

1. The subject of law: the subject of domestic law is the domestic people; The subject of international law is the State itself in the relations of States;

2. The object of law: the object of domestic law is mainly the relationship between private individuals; The object of international law is mainly the relationship between states or **;

3. Sources of law: The sources of international law are mainly international treaties and customary international law; The main sources of domestic law are domestic legislation and domestic customary law;

4. The essential aspect of law: domestic law is the internal expression of a country's sovereign will; International law is the collective expression of the sovereign will of states;

5. The validity of the law: the effect of the domestic law comes from the will of a single state; The force of international law derives from the common will or mutual consent of States;

6. The implementation of the law: the implementation of the domestic law is guaranteed by the coercive force of the country; International law is guaranteed by coercive measures taken by States, individually or collectively.

Legal basisArticle 100 of the Constitution of the People's Republic of China.

The people's congresses of provinces and municipalities directly under the Central Government and their standing committees may, on the premise that they are not in conflict with the Constitution, laws, or administrative regulations, formulate local regulations and report them to the Standing Committee of the National People's Congress for the record. The people's congresses of districted cities and their standing committees may, on the premise that they are not in conflict with the Constitution, laws, administrative regulations, or local regulations of that province or autonomous region, formulate local regulations in accordance with the provisions of law, and report them to the standing committee of the people's congress of that province or autonomous region for approval before they take effect.

Summary. 1) Differences: 1) The main aspect of the law:

The subject of domestic law is the domestic population; The subject of international law is the State itself in the relations of States; 2. The object of law: the object of domestic law is mainly the relationship between private individuals; The object of international law is mainly the relationship between states or **.

1) The main body of the law: the main body of the law is the domestic people; The subject of international law is the State itself in the relations of States;

2) The object of the law: in China, the object of the law is mainly the relationship between private individuals; The object of international law is mainly the relationship between states or **.

3) Sources of law: The main sources of international law are the treaties of the state and the law of the customary state; The main sources of domestic law are domestic legislation and domestic customary law;

Are international law and international commercial law the same?

There's still a difference between them, right?

1. International law: International law is the totality of the legal rules applicable between sovereign states and other entities with international personality. 2. International Business Law:

International commercial law is a compound discipline at the intersection of law and business knowledge from an international perspective, and it is a legal discipline that specializes in the study of the relationship of rights and obligations arising from the process of international commercial transactions. 2. Different uses: 1. International law:

The function of international law is embodied in two aspects: social role and normative role, the social role of international law is to serve the needs of the ruling class of various countries in international exchanges by embodying the coordinated will of various countries, and the normative role of international law is embodied in five aspects: guidance, evaluation, education, education and compulsion. 2. International Commercial Law: International Commercial Law, as a general term for the legal norms regulating the relationship between the heads of international commercial affairs, involves commercial transaction relations in which for-profit foreign parties participate in international commercial entities under different legal systems.

So the answer above is not quite correct.

With the continuous development of international relations, international law develops in turns, and major changes in the history of international law always affect the changes in international law. The French bourgeois revolution of 1789 had a great impact on the development of international law by introducing the concept of the fundamental rights and duties of the state, emphasizing that the principle of state sovereignty included both the sovereignty of the state over its territory and its jurisdiction over its citizens abroad.

So what is the connection between international commercial law and domestic commercial law<>

In a narrow sense, international commercial law is the sum total of legal norms that regulate the various relationships between commercial organizations and their commercial transactions outside the state with equal subjects.

Definition of International Commercial Law: International commercial law is a compound discipline that intersects law and business knowledge from an international perspective, and is a legal discipline that specializes in the study of the relationship between rights and obligations arising in the process of international commercial transactions.

Extension of International Business Law:

1. The international commercial law involves the application of the basic principles and basic knowledge of legal subjects such as company law, partnership law, contract law, financial law, negotiable instrument law, international law, foreign investment law, and commercial arbitration law. International commercial law, as a general term for the legal norms regulating international commercial relations, involves commercial transactions involving for-profit international commercial entities under different legal systems.

2. Sources of International Parallel Commercial LawThere are two main sources of international commercial law: one is international treaties; The second is international practice.

International commercial law is not international economic law. International commercial law falls under the category of private international law and is an integral part of private international law. It mainly regulates international transnational commercial and legal relations.

International economic law is a legal norm that regulates international economic relations, and international economic law mainly regulates the public law relations between states and international organizations, as well as the private law relations between individuals and legal persons. It is a multidisciplinary and interdisciplinary legal department.