Mohamed El Mernissi addresses the apparent paradox of considering a civil code as a fundamental source of commercial law, given that commercial law's autonomy has long been established. He notes that after breaking away from civil law, commercial law became conquering and imperialistic, increasingly invading civil law. This encroachment led to what scholars call the "commercialization of civil law." This phenomenon occurs because civil law cannot remain indefinitely isolated from economic life. Non-merchants also need commercial techniques: everyone uses checks, bills of exchange, promissory notes, credit for purchases, bank operations, and securities investments without necessarily having legal status as a merchant. Thus, the DOC serves as the foundational source for commercial law despite their formal separation.
Mohamed El Mernissi (Tue,) studied this question.