Business and Commercial Law: The merchant and the business enterprise · Merchants and Acts of Commerce
Learn where commercial law came from, who counts as a merchant, what an act of commerce is, and the duties merchants carry.
For learning, not legal advice: for your own case, ask a lawyer.
Try 3 questions
1. Where did commercial law first grow into a distinct body of rules in medieval Europe?
- In the royal courts of England
- Among traders in Italian city-states
- In the church courts of monasteries
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Answer: Among traders in Italian city-states
Merchants in cities like Genoa, Venice and Florence built their own rules and guild courts, which spread along trade routes and fairs.
2. What was the medieval lex mercatoria?
- A Roman statute on market taxes
- A papal decree regulating interest
- Customs that merchants developed for trade
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Answer: Customs that merchants developed for trade
The 'law merchant' was a body of practices created by traders themselves and applied across borders, not a law issued by a ruler.
3. Why did medieval traders prefer merchant courts to ordinary courts?
- They ruled quickly and knew trade customs
- They imposed harsher criminal punishments
- They were run directly by the king
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Answer: They ruled quickly and knew trade customs
A trader at a fair could not wait months for a verdict. Merchant judges decided fast, informally and according to trade usage.
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