Sermaye Birikim Sürecinde Ticaret Hukukunun İşlevi

Abstract

This thesis aims to discuss the functions of commercial law in the process of capital accumulation with reference to the main concepts of commercial law: commercial enterprise, merchant, corporation. This debate starts with the analysis of the relation between the “relations of production” and the “law”. First, the process of capital accumulation is examined and the relation between law and capitalism is analyzed. Within this context, operation of the process of capital accumulation and the place of law in capitalist formation are examined in the first section of the thesis. In the second section of the study, the functions of the commercial law in the capital accumulation process are discussed with reference to the major concepts identified as commercial enterprise, merchant and corporation. Within these discussions, not only the current meanings but also the historical breaks of these concepts are identified. Consequently, the last part of the study attempts to conclude general results which are concluded as a result of the disussions about the concepts and which further defines the role/function of the commercial law within the process of capital accumulation.