![]() ![]() However, when it comes to explaining the concept of Lex mercatoria, it is essential to highlight the importance of two authors: SCHMITTHOFF who developed the theory of the new merchant law, and GOLDMAN, who developed the theory on Lex mercatoria itself. ![]() This theory is plausible since Lex mercatoria is used by merchants in international trade, and commercial exchanges in the Antiquity are considered to have been governed by customary commercial rules. Some authors question Ius gentiums independent status vis-vis Roman Ius civile and state that, since Ius gentium was part of Roman law rather than an autonomous body of law, it cannot be conceived as the precursor of todays Lex mercatoria. However, the hypothesis according to which Ius genitum is the precursor to todays Lex mercatoria has been severely criticized. It is accepted that Roman citizens entered into cross-border commercial relationships and that those transactions were governed by certain rules.
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