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商法具有形成的规律性、规范的技术性和进步性、主体的单一性、行为的营利性、制度的有效性、方法的灵活性、结构的系统性、适用的广泛性等特征。这些特征是商法本质属性的集中反映。一、形成的规律性。最初的商法是商人团体根据商事生活习惯订立的自治规约,其矛头所向是封建法和寺院法对商事活动不堪忍受的限制。针对诸如不承认连带债务、不准借本经商等等限制,而建立起来各种制度,
The commercial law has the regularity of formation, the technical and progressive standardization, the unity of the main body, the for-profit of the behavior, the effectiveness of the system, the flexibility of the method, the systematicness of the structure and the wide scope of application. These characteristics are the concentrated reflection of the essential attributes of commercial law. First, the formation of regularity. The original commercial law was an autonomy statute for businessmen ’groups based on commercial living habits, which was at the limit of feudal and monastic law unacceptable to commercial activities. For such as do not recognize joint and several liability, are not allowed by the business and so on, and established a variety of systems,