Application of The Civil Code and Commercial law in contract relations

Abstract

In the commercial contract relationship, the choice of applicable law to define the rights and obligations of the subject-matters or to resolve the arising disputes is significant. The 2015 Civil Code asserts that itself a general law governing civil relations in the broad sense, including contracts. And the Commercial Law, on the other hand, governs the specific content of a commercial contract. These two sources of law leads to the fact that the choice of  applicable law for the contractual subjects and the subject of dispute resolution is still confusing. Therefore, the article analyzed (1) The problem of choosing the applicable law in the contract, the time to choose the applicable law when establishing the contract as a basis for arising rights and obligations or to resolve disputes; (2) The form of selecting laws of subjects; and (3) The Civil Code or Commercial Law shall be applied to resolve disputes depends on the jurisdiction (civil or commercial-business cases).