an introduction :
Commercial law is one of the most important topics that occupy many of us most of the time, as most people in their daily lives tend to trade to profit and get money, and therefore there must be a law that defines the relationship between the seller and the buyer, as well as containing principles that guarantee each party his right.
Commercial law and its definition
Commercial law is a branch of private law that includes mediation and other types of trade and partnership.
- We find that trade is very important for humans, in addition to that it extends to a large part of industries and is closely related to them, especially that manufacturing industry that transforms raw or semi-manufactured materials into usable materials, and therefore the rules of commercial law apply to both (commerce and industry ).
- Let me explain to you more that industry is a branch of trade, but from a legal point of view, the manufacturer is a legal trader and he must know the terms of trade and commercial law in order to use it in his work well.
Based on the foregoing, we conclude that:
This law includes regulating the production, circulation and distribution of wealth because it is very important for both industry and commerce.
Merchant:
- Any person who professionally carries out a commercial activity in his name and for his account.
- Each company takes one of the forms stipulated in the relevant corporate laws, whatever the purpose of the establishment of the company.
- The first individual business branch, because:
Individual business means business that the legislator has deemed commercial by its requirement regardless of the times of its practice, that is, even if it is carried out only once, and regardless of the person responsible for it, whether he is a merchant or a non-merchant.
- Sale or lease: The commercial property of the purpose is not limited to the conditions that have been met, only the movables purchased.
- Lease of movables with the intent of leasing: The legislator gave a commercial character to leasing movables with the intent of leasing them back.
- It is also clear that for this business to be considered commercial there must be three conditions:
1. To have a lease agreement.
2. The lease contract shall be returned to the movable.
3. That the lease is made with the intention of leasing.
Jurisprudence and the judiciary added a fourth condition, which is that the rent is for profit.
Since we are talking about commerce and commercial law, let's move on to establishing commercial companies as well:
The establishment of commercial companies means the set of procedures that are taken to form the legal personality, which is the company, such as:
- Signing the company contract
- Presentation of the incorporation to the relevant authorities
- And take advertising and advertising actions
- Company registration in the commercial register
- Publication procedures in newspapers about the establishment of the company, publication of the issue
- stock promotions
- Procedures for evaluating in-kind shares, subscription operations, collecting the value of shares, issuing them, publishing in the Official Gazette or the Companies Gazette, and other operations related to the establishment of companies according to their legal nature.
So let's mention some important productivity burn in commercial law
Productive crafts include:
1- Industry
2. Extraction of raw materials
3- Animal projects
4- General business
Three conditions are required to obtain the status of a merchant:
1- Professionalism.
2- Executing commercial workers in the name and for the account of the merchant.
3- Commercial eligibility.
Some important statutory laws
- For substantive matters subject to the judgment of the case judge, commercial law applies to a person's business and civil law applies to his or her civil business.
However, if he stops paying his commercial debts and declares his bankruptcy as a result, the effects of the bankruptcy shall be spent on his entire financial responsibility in application of the principle of financial disclosure.
- Takes the law, because it does not allow multiple receivables or allocating some parts of the debt to guarantee debts arising from a particular profession, and it is not enough for a person to acquire the status of a merchant for the professional subject to be an electronic business.
Rather, these are required to be a legitimate business, so a dealer does not acquire a person who engages in legally prohibited activities, such as a person who deals in drugs, operates a gambling hall, or prostitution.
- It is a legal center regulated by the law of irrigation, and this legal status is enjoyed only by those who engage in a lawful activity, professionalism and proving trade are matters, and he is absolutely free to do so.
The subject of commercial law is one of the most important topics that must be developed and shown on the scene because of its great importance in our daily lives for both merchants and manufacturers.