'Lex Mercatoria' as an Independent Legal System

Abstract

The demands of the international commerce relationships necessitate that transnational rules govern the relationships of the active people in this field. On the one hand the differences between different legal systems, and on the other hand the increasing process of globalism of the relationships and sometimes lack of the suitable answer of national rules cause that litigation for a transnational commercial transaction becomes expensive from different aspects. Therefore in the society of merchants, a tendency was created to know a legal system on the basis of the common international commercial methods as “Lex Mercatoria” or merchants law especially after World War 2. However the dispute able subject about Lex Mercatoria is if “Lex Mercatoria” can interpreted as an independent legal system. Therefore this article will be considered the basic conditions in relation to abilities of a legal system about “Lex Mercatoria”.