Genesis of International Commercial Custom (Lex Mercatoria): the Role of Rôles d’Oléron

DOI

10.2991/aebmr.k.201215.025How to use a DOI?

Keywords

lex mercatoria, international commercial customs, international commercial law, history of INCOTERMS, history of UNIDROIT, history of law, international private law

Abstract

In this article, the authors made an attempt to appraise the role and significance of the Roules d’Oleron in the formation of lex mercatoria as a special legal phenomenon on a par with the conflict of law, as well as in the development of both the national law of European countries and the norms of international trade law. It was made in a historical retrospective as historically, lex mercatoria came into existence arbitrarily, but its efficiency, timeliness and flexibility guaranteed long life. The authors identified the reasons for appearance and popularity of the Roules d’Oleron, as well as their further transformation into a broader form - lex mercatoria. Based on the analysis of various points of view, the authors come to the conclusion that the Roules d’Oleron became the basis of international commercial customs, that reflected not only in urban (statutory) law, but also in the legislation of the states of medieval Europe. The peculiarities of the content not only of the Roules d’Oleron, but also of the collections of trade customs derived from it are also highlighted and described. The article reveals various doctrinal approaches in terms of determining the significance of the Roules d’Oleron in formation of medieval legislation, as well as the preservation of its strength up to the present day.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yulia Komnatnaya
AU  - Dmitry Menyaylo
AU  - Evgeny Miroshnikov
AU  - Maria Chistyuhina
PY  - 2020
DA  - 2020/12/17
TI  - Genesis of International Commercial Custom (Lex Mercatoria): the Role of Rôles d’Oléron
BT  - Proceedings of the 8th International Conference on Contemporary Problems in the Development of Economic, Financial and Credit Systems (DEFCS 2020)
PB  - Atlantis Press
SP  - 119
EP  - 122
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.201215.025
DO  - 10.2991/aebmr.k.201215.025
ID  - Komnatnaya2020
ER  -