1er Parcial Flashcards

1
Q

What is commercial law

A

Branch within private law that governs acts of commerce, the organization of companies and the activities of the businessman

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2
Q

Sources of commercial law

A

Historic, Real & Formal

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3
Q

Historic source

A

Documents, institutions, legislations or criteria that where on place in the past and nourishes the ones that live nowadays.

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4
Q

Example of Historic source

A

“Código Napoleonico”

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5
Q

Real Source

A

Circumstances of reality or current problematic that inspire the creation of law on a certain way.

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6
Q

Example of Real Source

A

E-Commerce or online commerce

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7
Q

Formal Source

A

These sources have certain processes for its creation and enforcement, and this is the origin of the rule of law.

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8
Q

Example of formal source

A

International treaties

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9
Q

Jurisprudence formation

A

Ordinary jurisprudence
Tax related jurisprudence
Contradictory tesis
Unconstitutionality of a law

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10
Q

Custom (costumbre)

A

types of custom:
Contra legem
secundum legem
Praeter legem

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11
Q

Example of praeter legem

A

“usos mercantiles”

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12
Q

What is speculation

A

The buying or selling of something with the expectation of profiting from price fluctuations

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13
Q

What is an act of commerce

A

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.

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14
Q

Article 76

A

All the ones that are NOT acts of commerce

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15
Q

Who is a tradesman

A

A person who makes commerce as his habitual profession

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16
Q

Article 5

A

As long as anyone has the capacity to do commerce, they have the right

17
Q

Classification of commercial acts

A

Absolutely commercial
Conditioned commercial act
principal acts
accesory acts