More on existence of commercial customs (lex mercatoria) in the medieval Europe up to the XVII century

Abstract

This article attempts to answer the question of the existence of lex mercatoria as a generally recognized commercial law built on ancient maritime trade customs, subsequently supplemented by city and fair law in medieval Europe. The article explores the genesis of international commercial customs on the territory of medieval Europe up to the 17th century. It also analyses the collections of customs known to the history of commercial law, in particular, the statutes of Marseille 1253, the statutes of Barcelona 1258, the statutes of Hamburg 1301–1306, the statutes of Danzig 1429 ., Statutes of Revel 1482, Statutes of Lubeck 1537, Les Rôoles ou jugements d'Oléron XI–XIII centuries, Tabula Amalphitana XI century, Ordo maris XII century, Consulado del mare XI–XIV centuries, Les Coutumes d'Amsterdam, d'Enchuyssen et de Stavern XIV century, Wisby Maritime Law (Hogeste Water-Recht tho Wisby) XV century, Guidon de la mer XVI century, agreements of the Hansa with Novgorod from the XI century and others. The article establishes the reasons for the widespread use of some collections and the loss of interest in others. The article explains the features of the commercial customs formation in case of large trade medieval "corporations", in particular, the Hanseatic League. Attention is drawn to the wide representation of wellknown trade customs in Muslim countries and Asian countries. The article notes influence of trade customs in medieval Europe on the formation of Russian trade law. The results of the research can be used in educational, scientific and practical activities by specialists in the field of jurisprudence and the world economy, and will also be of interest to a wide range of readers interested in general history.