Dualistic system of European states’ private law and development of enterprise legislation in Russia

The article is devoted to the analysis of private law of the European states relating to the Romano-German legal system - Germany, Poland, France, and Estonia. The author concludes that Commercial Codes of the considered states are the result of the public and private law principles interaction, because the rules contained therein govern relations with public and private legal nature. In connection with this, the author has identified the shortcomings of this dualistic system. The main drawback of it is that in each of the examples considered, the norms of the Commercial Codes, which regulate business relations, duplicate the norms of state’s civil law. Based on the foregoing, the author comes to conclusion that the perception of the foreign experience presented in the article seems to be inexpedient. Consequently, the dualism of private law in the considered understanding is unacceptable for national Russian legislation.