المستخلص: |
The scholars disagree about the importance of allocating a commercial law to regulate commercial acts and distinguish them from civil acts, led to a disagreement and discrepancy between court rulings, so some countries intervened and issued a commercial law to be applied to commercial acts and other countries remained on the mixed system that regulate all commercial and civil acts with one law, which is the Civil law. The countries that adopted the business separation system faced problems and challenges with regard to classifying and defining businesses, because business is unstable and renewed according to the development of society, trade methods, methods of contracting by modern means and changing of commercial custom internationally and locally. These challenges showed a lack of comprehensive commercial law for all of its elements, which made the judiciary intervene to fill the deficiency through the court decisions which established new legal rules (judicial precedents).
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