Към въпроса за дуализма на частното право
On the Question of Dualism of Private Law

Summary/Abstract: The present article deals with the relationship between civil and commercial law to arrive at a conclusion that the latter is not a separate branch of law and consequently no dualism in private law exists. The examination of the main subject is preceded by a study of the criteria for differentiation of a branch of law, the definition of civil law as such a branch and a review of the traditional concept of dualism which regards civil and commercial law as closely connected, but nevertheless distinct branches. The author challenges this view with the arguments that the so-called commercial legal relationships do not differ in their nature from the civil ones and that their legal regulation cannot be severed from the general civil law since it comprises only exceptional rules which cannot be applied separately. The thesis that commercial law reveals specific character due to the presence of public regulations is knocked down on the ground that no complex branches, but only complex statutes exist. The concept of dualism finds no support either in the very existence of Commercial Code, or in the comparative study of other legal systems. In conclusion it is pointed out that in the light of the presented arguments the term “commercial law” should be regarded as a number of regulations which are part of the civil law, as a separate legal science and subject, but by no means as a separate branch of law.

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