Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1

Part I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking?
1.1. Introduction
1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and to
the Operation of Private Law. Effect on Commercial and Financial Law
1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation
1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria
1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria)


Part II The Nature, Status and Function of Private International Law
2.1. Modern Private International Law
2.2. The Modern European and US Approaches to Conflicts of Law
2.3. Interaction of Private International Law and Uniform Law


Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria
3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation
3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law
3.3. Operation of the Lex Mercatoria. Objections

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• Legislação financeira
• Legislação comercial
• Direito comercial transnacional
• Direito internacional económico e dos negócios

private law; civil vs common law; new law merchant; public policy