Since its origin, commercial law has been the right of merchants, that is to say all the rules which apply to merchants for relations between
merchants or a merchant / a third party. From the start it was the merchants who were interested in commercial law.
Given that we are faced with a specific body of law, commercial law is made by merchants for merchants, it is the law that applies to
merchants. Commercial law is a corporate law because it is made by traders for traders. Yes, it applies to traders it is partly true
but not that, there are also many rules that apply to non-
traders (bankruptcy law, competition law).
Commercial law applies to commercial operations, whether
professional or non-professional, but + / + the applicable rules are
also applied to civil acts. Indeed, commercial law applies to commercial acts even when a commercial act is made by a non-professional, commercial law will be applied by the presence of a commercial act. We will have to differentiate between civil and commercial acts, because there are not the same applications.
Commercial law should be seen as a juxtaposition of different matters which makes it difficult to identify unitary principles. It is + / + extended to the detriment of civil law. Civilian institutions copy the commercial institutions of + / +. This makes the specificity of commercial law difficult to determine. In matters of common law, the nature and origins are diverse.
Commercial law adapts to the economy, so it is constantly evolving. It has this specificity of being always torn between the law that emanates from practice (traceable to spontaneous law) and learned law (more usual / enacted law). Commercial law is therefore the balance between these two forces.