« EelmineJätka »
Many changes have taken place of late years in the laws of foreign countries. The German States have advanced a step further towards a common Commercial Legislation. Since the introduction of the Law on Bills of Exchange, an entire Code of Commercial Law has been prepared by a Commission appointed by the Diet, which has already been adopted by most of the States. But Hamburg, Bremen, Hanover, and Holstein have submitted the work for the consideration of a Special Commission. Unfortunately, the Law of Bankruptcy is not included in the Code; hence the existing laws founded upon ancient ordinances are everywhere imperfect and dissimilar. Some of the Scandinavian States have reformed their Laws of Bankruptcy. The Commercial Legislation of Italy is necessarily in a state of transition. Since the formation of the Italian kingdom, the Codes and Laws of Commerce existing in the different States have not been abrogated, but they are likely to merge into a Common Code as soon as the Government can enter into such a reform. In France there have been but few alterations in the Laws of Commerce. But the Code,-a model for brevity, lucidity, and comprehensiveness,-can scarcely be said to represent the state of the law in France at this moment. It needs revision and expansion, if it is to maintain its place in the mercantile legislation of Europe. Several States of South America have published new Codes of Commercial Law.
Some explanation must be given of the method pursued as regards the statement of the Foreign Laws. In order to avoid the reproduction of the entire law on the different subjects in each country, it was deemed necessary to insert only such provisions of the same as seemed either to be of greater importance for international purposes, or to exhibit greater divergence from our own or from the general laws. But in doing this the most careful attention has been bestowed on the preservation of the spirit and meaning of the original codes or laws. As stated in the first edition of this work, as regards Foreign Laws, much assistance has been derived from the "Concordance des Codes de Commerce" of M. Anthoine de St. Joseph; but many new laws have been enacted since the publication of that work. For the laws of the United Kingdom, I have been greatly indebted to such works as Smith's Mercantile Law, Chitty and Byles on Bills of Exchange, Abbott and Maude and Pollock on Shipping, Lindley on
Partnership, Arnould on Insurance, Hazlitt and Roche on Bankruptcy, Addison on Contracts, Dr. Phillimore on International Law, and other authors, to all of whom I return my best thanks.
In the compilation of this work my chief aim has been to furnish a compendium of the most practical portion of the Laws relating to Commerce in this and other countries. In conclusion, I trust that in the more compact form in which this work is now published, it may become more extensively useful, and may continue to deserve the same amount of approbation which it was the fortune of the first edition to receive in this and other countries.
10, FARRAR BUILDINGS, TEMPLE,
30th October, 1863.
TABLE OF CONTENTS.