Commercial Law

Commercial Law

Introduction

The commercial law is a branch of private law that deals with regular papers and enterprise activities. Within this section we will discuss the general principles and sources of commercial law. One can run tests on topics such as the entrepreneur, the business activity, bankruptcy proceedings, companies and business contracts. The indication of the institution and the selection they have been actually used the questions posted here will have a concrete response to such questions as possible in the competition and then the arguments on which to focus the study. The field of commercial law is, as well as large, variable, and this will be continuously updated to which our quizzes not shirk.

Discussion

Commercial law can be defined as a branch of private law on legal operations performed by traders, either between themselves or with their customers. Operations relating to the exercise of trade are, it itself, qualify as acts of trade. Thus, commercial law is both the right traders' commercial acts. The legal meaning of trade is this: we must understand not only the operations of circulation and distribution of wealth that are merchants, but also production operations that are industrialists, and the various activities of the service. In contrast, agricultural operations and craft as well as the professions are excluded from trade.

The foundations of commercial law

Three criteria are used to capture the essence of commercial law and marketability: the circulation of wealth, speculation and the company. None of these criteria however, is entirely satisfactory, so the purely positivist seems the only adequate.

1) The circulation of wealth:

The criterion for the circulation of wealth has been highlighted by Thaller early 20th century. Big name in commercial law, this author proposed to understand the law commercial law as intermediaries in the world of economic activity. Trade Law and is essentially the right suppliers and distribution. His approach certainly helps to explain why the producers are not considered traders. It also explains why consumers are not seen to apply commercial law. However, there are different annuities that are intermediate activities, participating in the market as an activity and who are civil. In agriculture or crafts, as discussed, the purchase of goods for resale is not always a business. The criterion for the flow of wealth is insufficient to explain all of the commerciality (Suarez, Anzorena, Wisner, Salomon & Gans, 2006).

2) The profit:

The criterion of speculation assumes that the commerciality has the aim of the research profit. This criterion is operational at the margin. Thus, certain acts normally con- sidered as civilians will trade when speculation is the central engine. An association that mainly purchase goods for resale and who derives a commercial benefit is, it is the same for the craftsman whose business manual is secondary to the benefit he derives from the resale of hardware. In conversely, the gratuitous act, which is in any business environment, is Civil necessarily. A charity cannot normally be considered as a business. However, the absence of speculation certainly not provides the certainty ...