Discussion about contract-related issues in the 2015 Civil Code and the 2005 Law on Commerce
When I was a student, I learned the Civil Code and the Law on Commerce both of which deal with issues related to contracts. From my practical experience, I find it important to determine whether a contract is governed by the Civil Code or the Law on Commerce. The reason is that rights and obligations between contracting parties as prescribed by the Civil Code and the Law on Commerce are different. Part 1: General provisions concerning contracts I. Definitions As prescribed by the preexisting Civil Code and Law on Commerce, there were a clear distinction between 2 definitions “civil contract” and “commercial contract”. However, the 2015 Civil Code in effect from January 1, 2017 has already ruled out the definition “civil contract” and expanded its scope of application to all of contract types, including civil contracts, employment contracts, business contracts or commercial contracts, etc. This change sounds more appropriate on the assumption that any d...