Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

DERECHO MERCANTIL > PRIMER PARCIAL > Flashcards

PRIMER PARCIAL Flashcards

1
Q

Types of law

A

Private, Public, society law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is private law

A

Branch of law, that regulates: acts of commerce, organization of companies, activities of the businessman, and trade

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sources of commercial law

A

Historic: events
Real: documents
Formal: process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a Legislation?

A

Main source of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

International Treaties

A

Uses as suppletory information in commercial law, most of them regulate commercial law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Jurisprudence

A

Is a source of law that it is formed after 5 ruling forms, CUSTOM & REPETITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Formation of Jurisprudence

A

Tax-relatedº: only 3 rulings
Contradictory thesis: When a judge says is not valid
Unsconstionality of law: is against the constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Types of Custom

A

Contra legem: against the law
Secundum legem: according to the law
Praeter legem: going beyond the law, does not affect anyone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Formal sources of law

A

Legislation
International treaties
Jurisprudence
Custom
Writings of scholars
General principles of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is ejecutoria

A

Last sentence from the judicial branch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

We can substitute the law according to jurisprudence when

A

To fill a gap
When it is expressed
Lack of regulation
The supplementary norms do not contradict the primary norm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

General principles of law

A

Dictated by reason
Universal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Freewill of the parties

A

Stipulates that the contract, in terms of ordering the legal consequences and determining the type and nature of the agreement between the parties, should not conflict with certain rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Conventionality control

A

Verification of the judges of compliance with international law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Speculation

A

The buying or selling of something with the idea of getting more from price fluctuations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Companies related that do commercial activities

A

Supply goods
Construction
Manufacture
Transportation
ETC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Operations regarding commercial activities

A

Commercial meditation
Banking Operations
Actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Contracts regarding commercial operations

A

Insurance
Commercial deposits
Checks
Monery orders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

WILL NOT BE AND ACT OF COMMERCE

A

Acquisition of merchandise for personal use
Resales performed by workers as a consequence of their job.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Classification of commercial acts

A

Absolutely commercial
Civil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Who is a tradesman

A

A person who makes commerce his habitual occupation
as long as the person has the capacity of doing acts of commerce.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Capacity - companies

A

Power of attorney, administrator.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Capacity - Individuals

A

Full capacity: adults with mental capacity
Limited capacity: minors, emancipated, not mentally capable, deceased: executor.
No capacity: Public brokers, bankrupted, criminals, foreigners without proper documentation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Who is a merchant

A

Commercial company

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Foreign companies requisitis to operate in Mx

A

Incorporated according to the legislation of their country
A mexican adress
Registered
Only activities permitted or restricted by percentages.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Lease

A

Contract to rent a property owned by other.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Stock

A

A security that represents ownership

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Pawnshop

A

Place to receive a loan for your items

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Subasta

A

Public sale in wich good are sold to the highest offer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Bond

A

Issued by governments and corporations to raise money.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Embezzelment of public treasury

A

Appropriate unlawfully of the money of others to use them for another reason.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Bribery

A

Offering more money or receiving with the aim of influencian a public official

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Overcharging beyond the law

A

Additional charges that can not be proven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Tradesman obligations

A

A- ACCOUNTING. Adequate accounting
B- BOOKS. Keep the books
C- CORRESPONDENCE
C- COMMERCIAL PUBLIC REGISTRY
C- CHAMBER OF COMMERCE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is a commercial auxiliaries

A

Entities or individuals that facilitate the business of someone else and that can’t act on their own.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Types of commercial auxiliaries

A

Dependent: Employee, shop assistant
Independent: Supplier, consultant, broker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Who is the manager

A

A person empowered to represent the principal, an bring it to a legal relationship with a 3rd party.
No personal rights or liabilities in relation to the contract.
They mus have the faculties by written mandate from the owners.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Acts of a manager

A

They need power of attorney
The contracts entered and signed by the manager are between the principal and the 3rd party.
Fines incurred by the manager during his management, will apply to the company and its assets.

39
Q

When the manager will be personally liable when

A

Indirect representation
Do no have power of attorney

40
Q

Ultra vires act

A

Acts that goes beyond the law

41
Q

Power of attorney

A

Will be valid until revoked

42
Q

Shop assitant

A

Often work on the floor

43
Q

Termination of contract

A

If there is no of time on the contract, the legal relation will end when one of the parties chooses to notify within 1 month-

44
Q

What is a companuy

A

All the factors that contribute to the production or service, physical or virtual. Comprises material elements and intagibles.

45
Q

What is an establishment

A

Physical, where the business is located.

46
Q

Civil Federal Code

A

A unitary systematized and ordered set of legal normas on Private Law.

47
Q

General Law of Operations and Negotiable Instruments

A

A law that regulates negotiable instruments, their issuance, endorsement, guarantee or acceptance.

48
Q

Non profit organization

A

A group organized for a social purpose without generating income.

49
Q

Charasteristics of a non for profit organization

A

The contributor does not expect a return
Operating purposes
Absence of ownership

50
Q

Types of non-profit corps

A

AC
PAI
Trust
Religious, labor, and chambers of commerce.

51
Q

AC

A

various individuals agree to join together, for a common purpose that is not prohibited by law and that is not predominantly economic

52
Q

AC regulation

A

Civil code

53
Q

AC formation

A

Min 2 people

54
Q

AC administration

A

General board of directors or Assembly

55
Q

Foundation

A

To segregate goods or property from the private sphere to be administered for a certain purpose that seeks welfare for a community

56
Q

FOUNDATION regulation

A

Civil code

57
Q

FOUNDATION formation

A

2

58
Q

FOUNDATION administration

A

Patronato

59
Q

CIVIL SOCIETY regulation

A

civil code

60
Q

CIVIL SOCIETY formation

A

2

61
Q

CIVIL SOCIETY adminiestration

A

administrator

62
Q

COMMERCIAL COMPANY regulation

A

Commercial Law

63
Q

Person based company

A

Shareholders are liable with their own personal assets
The individual participating is important because of the CV
The entrance need to be approved

64
Q

Capital Based company

A

The risk is up to the money the shareholdes contributed
Money is the main goal.
Stock can be sold and once inseide the company the shareholder cannot be voted out.

65
Q

COMISIONISTA LABORAL

A

-es empleado
-está sujeto a condiciones laborales
-el trbajo es personal
-trabaja en la empresa
-sueldo
-renuncia
-lo que se le da como prestación es parte de la empresa

66
Q

COMISIONISTA MERCANTIL

A

-individual
-no hay condiciones laborales
-puede ser realizado por 3eros
-no usa las instalaciones
-se estipula el pago
-puede exigir el pago de daños y perjuicios

67
Q

Essential elements of commercial companies

A
  • legal personality
  • personality attributes
  • assets
68
Q

Sole Trader

A

A sole trader is the simplest business structure and easy to set up. You are the single entity.

69
Q

Equity of partners

A

The right of each partner to have the firms property and also debts

70
Q

Legal Capital is

A

Legal capital = total outstanding shares + par value

71
Q

Capital Contribution

A

Is the cash, assets or services contributed by partners to a partnership.

72
Q

PAR VALUE

A

whatever amount of money paid is the value of my stock

73
Q

What is legal capital

A

Is the one that shareholders put in the company, the money they pay for the participation, its administrated by the administrators, they also do meetings in case for need more money. what gives stability is the public registry

74
Q

Capital Contribution

A

Aportación capital, siempre que necesitemos más dinero es una contribución

75
Q

Prime over the stock

A

Is the extra that you charge for a stock

76
Q

Legal Capacity

A

-faculty to do acts (rights and obligations)
-incorporated
-

77
Q

Bylaws of the company - object

A

Finality
Object clause.
To provide for unforeseen tasks

78
Q

Company term

A

-99 years historic
-indefinite

79
Q

Company domicile

A

-Place where the company will fulfill its rights and obligations
-where is administrated
-city, RPPC
-pay obligations
-publications
-courts jurisdiction

80
Q

Company- Name

A

Identify a company

81
Q

Company Name or razón social

A

Name: “ juguetes vikingos”
Razón social: Incluye los nombres o apellidos de uno o más socios ex: “Aceves & Gómez”

82
Q

Company- Nationality

A

Where is registered
according to mexican law

83
Q

Foreigners exclusion clause

A

49% participation

84
Q

Reglamento de la ley de inversión extranjera

A
  • renunciation of foreigners to request or seek aid from their governments
  • calvo clause
85
Q

What is the calvo clause

A

HISTORY BACKGROUND - guerra de los pasteles

The Calvo Doctrine thus proposed to prohibit diplomatic protection or (armed) intervention before local resources were exhausted.
An investor, under this doctrine, has no recourse but to use the local courts, rather than those of their home country.

86
Q

What is a share

A

partly owner of the company
%
Is a credit title, it gives rights to the company
money

87
Q

Requisites to issue more stock

A

-must be accepted at a general stockholders meeting
-1 year to issue the stock
-the monet of the stockholders goeas as capital contribution

88
Q

Types of stock

A

-nominative (personal)
-bearer (al portador)
-negotiable (sujeto a las restricciones de la compañia)
-not negotiable
-numerary stock: money
-non-cash assets stocks: not valued the same tomorrow
-preferred stocks: gives more of something or as a reward
-treasury stock: authorized but not issued
-cupón: attached to the stock, used to exchange dividends, no circulation because of tax authority.
-co-owned share: can be co-owned by a common representative, must be named.

89
Q

STOCK- Subject to registration

A

-generals of the stockholders
-number
-class
-series
-other peculiarities

90
Q

STOCK- value

A
  • expressing its value:
    nominal (par-value): the value of something today and on
    -real value: value after accounting factors (inflation) the % is worth the % of equity of the company
91
Q

QUE PEDO WTF PQ ES TANTOOO

A

ayuda

92
Q

Stock- paid or not paid

A

liberated: already paid
unpaid: still not have paid, but have a deadline

93
Q

STOCK- requisites on the title of the stock

A

-name of the owner
-name of the company
-address
-date of registry ad de CPR
-amount
-total number of stock
-series number
-rights

DERECHO MERCANTIL (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions