The Early History of World Trade Law

Trade Law is the laws that govern human behavior are participating in the trade for a profit. or laws that govern the legal relationship between the human and legal bodies to each other in the field of trade.

Commercial law system in broad terms divided by 2 is written and unwritten rules of trade. Basically trade law and civil law are two inter-related laws. This can be evidenced in Article 1 and Article 15 of the Civil List.

History of Commercial Law

Since medieval Europe (1000/1500) that occurred in the state and cities in Europe and at the time it was in Italian and southern French cities have been born as a trading center (Genoa, Florence, vennetia, Marseille, Barcelona and Countries other). but at the time of Roman law (corpus straight civilis) can not solve the matters of trade, the new law made in addition to an independent Roman law in the 16th century is called the law merchant (koopmansrecht). Due to the rapid increase of trade relations in the 17th-century codification of the law of trademarks held by finance ministers of the king Louis XIV (1613-1715) ie Corbert regulations (ORDONNANCE DU COMMERCE) 1673. And in the year 1681 prepared ORDONNANCE DE LA MARINE governing tenteng sovereignty.

And in 1807 in France created its own commercial law from civil law there is (CODE DE COMMERCE), composed of ordonnance du commerce (1673) and ordonnance de la marine (1838). At that time Nederlands wants a separate commercial law that is KUHD Dutch, and in 1819 the KUHD drencanakan have 3 books and do not know the special court. and in 1838 finally passes. Netherlands based on the principle of concordance KUHD KUHD 1838 dutch an example for pemmbuatan KUHD in Indonesia in 1848. and at the end of the 19th century Prof. molengraaff designing bankruptcy law as a book III in KUHD Nederlands be a stand-alone Act (1893 applicable 1896). KUHD Indonesia, and until now has two books, namely, concerning trade in general and about the rights and obligations of the order of the cruise.

Commercial Indonesia mainly derived from:

1) The law codified written:

a. Book Trade Justice Act (Commercial code) or Wetboek van Koophandel Indonesia (WvK)

b. Book of the Civil Law Act (KUHS) or Burgerlijk Wetboek Indonesia (BW)

2) written law that has not been codified,

the specific regulations governing matters relating to trade (CST Kansil, 1985: 7).

The nature of commercial law which is binding agreement the parties entered into the agreement.

At first berinduk commercial law in civil law. However, over time seirinbg codify commercial law (collecting) the rules of law that created the Book Trade Justice Act (Commercial code) which now has a stand alone or apart from the Code of Civil Code (Civil Code).

Prof. Subekti found beside KUHD KUHS presence is now considered out of place. Hali is because the law of trade relative to the civil law. Other than that "trade" is not an understanding of the law but an understanding of the economy. The division of civil law in the Commercial code was based on history, that is because of the pre-eminent Roman law regulations as currently contained dalah KUHD, for developing new inter-state trade in the Middle Ages.

Codification of Civil Law and Commercial Law

In Indonesia, on the basis of the principle korkondansi (Article 131), shall apply the BW and WVK in Indonesia (Dutch East Indies announced the publication date 31 April 1847, 5 in 1843 23). In Indonesia dualisma never apply the law in European law and customary law. This is what should be sought as one national law which sistemhukum Indonesia to achieve legal unity TSB, Indonesia took a long time, especially in the field / in the field of civil law. Where still valid brbagai variety of civil law, namely:

1. Civil law for citizens who use the Civil Code (BW).

2. Civil law for the citizens who use the customary law.

Usakan to unite civil law for all the people of Indonesia is running very slow.

UNDERSTANDING THE MERCHANTS AND DEEDS BY LAW commerce

According to Article 2 of the old KUHD that:

Traders are those who commit acts of commerce as the work day

The act of commerce under section 3 of the old Commercial code is perbuaan commerce in general is the act of purchasing goods * for sale again.

Goods are goods moving under the law, except section 3 long KUHD trade act also stipulated in Article 4 that includes several other acts within the meaning of the act of commerce, among others:

1. Company police
2. Commerce notes and letters
3. Merchants, bankers, and brokers cashier
4. Construction / repair and equipment onboard the ship for the purpose.
5. Expedition and transporting goods.
6. Sale and purchase of equipment and vessels purposes
7. Carter charter boats which are agreements on sea trade.
8. Agreement with labor relations and child Nakoda ship to ship interests.
9. Intermediary or broker sea.
10. Insurance companies.