The importance of civil dogmatics in commercial law codification from the perspective of the philosophy of law: Special mention to contractual institutions

Abstract

The article is intended to be a contribution to the commercial codification process in Spain and its necessary connection with civil law. The civil law is the necessary starting point in order to achieve a true continental codified system of civil law. To this end, we make use of both philosophy of law and civil dogmatics which tell us that organizing principles are necessary for the Law to become a Science. Finally, the practical nature of the Science of Law forces us to give some examples of the need of those civil law principles. In that regard we resort to commercial contractual institutions.