According to bar code de trade and other commercial laws, it can be define , the acts of trade to any contractual action, which may be legally qualified in the cases of acts de saying bar code.
They are also acts of trade all those that are similar to those provided for in the legislation merchant. The acts of trade They make up one of the delimiting criteria of the subject matter merchant what is the objective criterion.
Understanding that trade It is any activity where an exchange or transfer of goods takes place. goods o the service between one or more persons or companies, reason a paid fair or carefully of the same value, the acts of trade They are characterized by their approach to value interchangeability of things, because they are exercised habitually and because own a character of nature onerous.
La separation between act industrial and a act commercial sometimes possesses ambiguity and lacks clarity, because traders tend to manipulate the product en question. In situations regulated by civil and commercial branches, it constitutes one of the fundamental concepts in the application of said regulations. The same occurs in the sale, if one of the contracting parties is merchant, the contract in between must be regulated by commercial laws.
Since ancient times, the trade remains and will be one of the main activities within the area of the economy. Through the trade, people have managed to satisfy their basic needs in the exchange of goods de values and services and this also constitutes a interest o benefit called revenue economical for the people who sell or market them.
This is why the acts of trade can be defined as all action one person or a company carried out by means of which it manages to achieve in a way final buying a carefully or a the service paying a sum of money has been awake awarded by the person o company that sells the product or offers the the service.
Un act de trade It is a legal figure that aims to distinguish the field of action of the Law School merchant with respect to Law School civil.
This concept originates from the necesidad to distinguish specific cases, in reason that legal transactions, contracts and obligations They have different legal statuses, whether Law civil o Law merchant.
There are currently legal systems that have a legislation unique of the acts, obligations and contracts, such as that of Code Civil law Unitary Law of Switzerland and that of Italy, which include all the regulations of the companies of capital and the titles of credit in the legislation común, establishing a statute o regime differentiated only for merchants or businessmen.
Acts of trade are classified as follows:
- acts of trade Objective acts: they are called this way because they are self-sufficient and do not need to resort to any other element of judgment to determine them. Objective acts are acts of a merchant independent of sujeto who performs them or the purpose to which they are directed or the manner particular of its exercise or relationship to which they are subordinate.
- acts of trade Subjective: those whose commerciality results from the crafts of its exercise, and the acts that are commercial in reason of other act that is principal. They are acts of trade subjective because it is taken into account account for its determination the quality of merchant of the part intervening. They are mainly acts of a civil, related to the family and the state.
- acts of trade mixed: the acts of trade They can be objective, because that is what the law, and subjective, by interpretation extensive and analogical. This is the /// de Safety de Life, Which is act de trade for company insurer but not for the insured, even merchantbecause the Life can not be view as a object de trade. In other words, they are acts of trade for traders but not for non-traders. For this reason, coexistence can occur in the act de trade, the dual nature and civil which is endorsed in the law and for this reason It is called act de trade mixed.
Among its main characteristics we mention the following:
- El act de trade has mediation, which is the activity merchant that people do with the aim of exchanging in the market goods and services.
- You have cultural, and exchange.
- El act de trade is linked to the profit or the profits.
- Their purpose is to circulate wealth.
La law reputed to be the same way the acts of trade: all company construction, and all purchases, sales and resales of vessels for the navigation interior and exterior, all maritime expeditions; all purchases or sale of rigging, supplies and provisions for vessels, all charters, loan o loan in general, all insurance and other contracts concerning the trade maritime, all agreements and conventions for wages and salaries of the crew; all commitments of the people in the Mar, for him the service of merchant ships.
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