1er Parcial Flashcards
What is commercial law
Branch within private law that governs acts of commerce, the organization of companies and the activities of the businessman
Sources of commercial law
Historic, Real & Formal
Historic source
Documents, institutions, legislations or criteria that where on place in the past and nourishes the ones that live nowadays.
Example of Historic source
“Código Napoleonico”
Real Source
Circumstances of reality or current problematic that inspire the creation of law on a certain way.
Example of Real Source
E-Commerce or online commerce
Formal Source
These sources have certain processes for its creation and enforcement, and this is the origin of the rule of law.
Example of formal source
International treaties
Jurisprudence formation
Ordinary jurisprudence
Tax related jurisprudence
Contradictory tesis
Unconstitutionality of a law
Custom (costumbre)
types of custom:
Contra legem
secundum legem
Praeter legem
Example of praeter legem
“usos mercantiles”
What is speculation
The buying or selling of something with the expectation of profiting from price fluctuations
What is an act of commerce
All the acts that the article 75 provides us. Every act when you get a benefit by paying money or you get a benefit by giving something in change for money.
Article 76
All the ones that are NOT acts of commerce
Who is a tradesman
A person who makes commerce as his habitual profession