Commercial Law In Trade Acts

Commercial law in trade acts

Commercial law is the legal body that governs business and commercial transactions. It is often considered a branch of civil law and deals with matters of both private law and public law.

Thus, commercial law is the general field of law related to commercial organizations, commercial structures and commercial transactions. That is why in the present work we intend to investigate commercial law with the objective of knowing the bases of the same.

Types of commerce acts

1. Commerce acts absolutely: it refers to those who, in accordance with the law, can be mercantile, but never civil, such as maritime law contracts.
2. Relative trade acts: These are those in which their nature derives from some characteristics in the absence of which such acts are civil;For example, the sale of real estate and furniture that is carried out with the objective of speculating commercially.
3. Subjective trade acts: refers to the one in which it is taken into account, for the purpose of its determination, the quality of merchant who holds the intervening part

Comparative table of trade acts

1. Sale and lease of real estate: Act carried out by natural and/or moral persons that aims to realize real estate speculation.
2. Banking Operations: Those for -profit procedures that are carried out by financial institutions (banks).
3. Acts inherent to supply and supply companies: situations carried out by companies that serve as suppliers of other companies
4. Acts carried out by companies or factories: lies in the manufacture and marketing of commercial goods
5. Acts carried out by tourism and transport companies: Refers to profit activities undertaken by private companies
6. Acts carried out by public show companies: refers to the organization and execution of entertainment events, such as concerts, sporting and cultural events.

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7. Insurance Contract: It consists of the operation by which a person, whether physical or moral, acquires coverage insurance with a company in the sector.

The term ‘Act of Commerce’ refers to the activities of a natural person or a company that, by profession, generally performs one of the transactions listed in the Federation Commercial Code. For its part, it should be noted that if the act is carried out by a non -merchant, it becomes an act of commerce only in the case that it is executed with the purpose of performing commercial acts and is indispensable for the exercise of the same (Uriaet al, 2011).

Commerce acts are carried out both by natural persons and moral people. Moral persons are legally constituted entities and authorized by legislation, which allows a group of people, such as shareholders, requesting the Government to create an independent organization, which can focus on achieving established objectives and having legal rights that generallyThey are only reserved. For individuals, such as demanding and sue.

Companies frequently incur commercial activity, which is subject to the guidelines set out in the Commercial Code. The term ‘commercial activity’ covers all the activities of the industry and commerce mentioned above, including, among others, the purchase or sale of basic products and the activities carried out in order to facilitate said purchase and sale. It is therefore essential to consider that companies are a fundamental element for commercial law, since a large part of their daily operations and actions are legislated by said doctrine (Uria et al, 2001).

Conclusions

Commercial law establishes the rules that merchants and other people involved in trade must continue when carrying out business between them and with consumers. Regulates sales of goods and services, negotiable instruments, security interests, leases, capital relations and agent, transport contracts and much more. In a broad sense, commercial law also covers related issues such as commercial bankruptcy and fiscal planning. Because several legal issues of the issue of commercial law can be included or excluded, depending on how widely defined, it may be more useful to consider the matter in terms of time. Commercial law covers the legal problems that arise before the start of a demand. On the contrary, once a demand is submitted, the same problems are more adequately characterized as litigation. Therefore, commercial law lawyers help their clients negotiate and enter commercial agreements. Litigation lawyers help their clients defend their interests in court when treatment fails.

The ability to formalize contracts represents the basis of modern commercial law. Without contracts, sellers and buyers could not make transactions, since they would not have any guarantee that the other party complies with half of the treatment. This does not mean that contracts are based on the goodwill or reliability of the parties in the market. Rather, the contracts are based on a system of rules for the formation of agreements that, if follow, allow the parties to have the security that the terms of their agreements will be applied by the legal system if necessary

References

1. Calero, f. S., & Guilarte, J. S. C. (2004). Commercial Law Institutions. McGraw-Hill.
2. Uría, r., Menéndez, a. M., & González, M. L. A. (2001). Commercial Law Course. Mexico: UNAM