Extract
[...] As a result, the lack of unity and readability caused by a decodification fueled by sectoral specialization weakens the coherence and understanding of commercial law. And despite this phenomenon being evoked as inevitable, the legislator and particularly the judiciary have attempted to respond with efforts of recodification in the aim of restoration and unity in a matter that, these days, seems to be increasingly complex. II. A necessary recodification in the face of the contemporary complexity of commercial law Characterized by sectoral specialization causing both fragility and fragmentation, recodification instruments are then put in place. [...]
[...] As soon as these conditions are no longer met, codification turns into a phenomenon of decodification. Source : - « Legal Vocabulary », of Gérard Cornu, Association Henri Capitant, 14and edition. - Lecture by Mr. G. [...]
[...] Intellectually, always according to the legal vocabulary, it is a renovation of a code by the refounding of important parts of its structure, a reform belonging, in reprise, to a real codification. It was then approached the notion of de-codification and re-codification, but not that of commercial law. Thus it is possible to define commercial law as a branch of private law, it is both the law of merchants and that of commercial acts. This law is made up of specific rules, it is an exceptional law. [...]
[...] However, this attempt seems to rest on a glass structure because today many texts seem to deviate from it and commercial law sees its legislative balance fragmenting today. This desire for codification tends, in our time, to become inevitably a phenomenon of decodification. As a result, the need to codify seems to be conceived as a simple remedy for a normative inflation that then leads to a dispersion of the sources of commercial law. One then witnesses a surge in sectoral normative productivity, between: consumption, financial, banking and other markets, which contributes to the fragmentation of the Commercial Code. [...]
[...] And this influence leads to a recodification, but only of a sectoral nature. However, far from ensuring a true unity, it weakens the will for general unification of commercial law. The edifice rests on a glass structure, threatened with cracking under the pressure of new economic challenges. B. The glass structure of the representative recodification of a fragile balance between unity and fragmentation The recodification has then allowed for the partial restoration of a unity of commercial law, but this unity remains fragile. [...]
