LESIJ NO. XXII, VOL. 2/2015
A FEW NOTES ON THE EVOLUTION OF THE
COMMERCIAL SALES CONTRACT REGULATION
Today, we think that the commercial sales has a long history as institution and therefore the
relocation of its regulation from the commercial code to the civil code seems to be an authentic
revolution inside the European or national private law.
In fact, the modern regulation of commercial sales emerged only in the nineteenth century and a
proper regulation was strengthened in that very century.
The present paper aims to analyze if this kind of revolution is an useful and necessary and if, by
relocation, the institution has really disappeared.
Keywords: commercial sales contract, commercial law, comparative legal history, civil code,
As we know the sales contract was and
is the most useful contract in social material
For some centuries, during the Dark
Ages, when the barter was the main
transactional activity, the sales seemed to be
only a variety of it. However, at the end of
the Middle Age, when the monetized
economy emerged and the necessities of coin
were covered by the discovery of the gold in
the Americas, the prevalence of the sales
contract was assumed.
From that time up today, nothing
proved to be a challenge to the sales contract
and the barter became more and more a sign
of backwardness, economic liability,
peripheral region or economic crisis.
As we shall see, the commercial sales
contract has acquired a specific profile and
regulation during the nineteenth century, but
can we consider it today – when most of the
material changes suppose in fact a
Lecturer PhD, Faculty of Social and Administrative Sciences, “Nicolae Titulescu” University of Bucharest (e-
commercial sales contract – as a specific
contract which needs a special regulation? If
the special hipothesis turned into a general
one, do we still need a special regulation
contained in a commercial code?
Therefore, it seems not to be so bizarre
to renounce to all these commercial codes
which belong to the past and to the social
stratification of the industrialization era.
On the contrary to this common
opinion, I think that the distinction between
civil and commercial law deserves, at least, a
summary analisys, and the recent evolutions
inside the private law suggest that reality has
to prevail on the ideology or on the obsessive
ideea to revolutionize the law.
2. The first phase: neglecting the
commercial sales contract.
At t he end of the eighteenth century
or, at least at the beginning of the nineteenth
century, the sales contract was accepted as