Comparaciones transatlánticas o el retorno a una visión ética del derecho mercantil

Commercial Law is often analyzed from a purely positivistic perspective, which enhances the differences between legal systems. As the law is rather seen as a mechanism to solve problems, it becomes plainer that the problems are often the same, and comparison becomes easier. As one deepens into that comparison, it also emerges that many of the principles on which Commercial Law is based have their origin and deeper roots in moral principles, which have crystalized in legal rules throughout the course of history. The article illustrates the point by developing a dialogue with the works of Prof. Boris Kozolchyk, one of the great comparatists who focuses on the connections between morals and Commercial Law.