La mercantilización del Derecho Civil

The Draft Commercial Code creates an extraordinarily wide concept of the term "commercial". The inclusion of a book on general part of the commercial obligations and contracts, and another book on particular commercial contracts, if approved, would relegate the branch of Civil law to a merely residual function. This option is motivated by the confessed desire to ensure that some Autonomous Communities would not be able to legislate in contractual matters, in order to preserve the unity of the market, allegedly threatened. It is an unprecedented option in comparative law, not justified from the technical point of view and it is also, in the author's opinion, unconstitutional. Therefore, the author advocates for the removal of both books and the recodification of the matter in a unified way in their natural place, which is the Civil Code.