Commercial Law: Employer Status, Sources, and Key Concepts

Commercial Law Content

The content of the second commercial is synthesized as follows:

• Regulation of the employer and its legal status
• Company Law
• Law of obligations and commercial contracts
• Law of securities
• Bankruptcy law
• Competition law and industrial property

Sources of Commercial Law

The commercial law system participates in the formal sources of our legal system which, remember, according to Art. 1 CC is the law, custom, and general principles of law. However, Art. 2 BCC provides a specialty in the hierarchy of sources. Specifically, Article 2Cco provides that acts of trade are governed by: 1, by the provisions contained therein, failing that, that is, if no applicable provision 2nd custom or usage by commercial (commercial uses) and 3rd the absence of both rules, by common law. As a very important exception, art. BCC 50 provides that in respect of commercial contracts and only in certain aspects (requirements, modifications, performance, termination, or ability of the contractors) supersede the general rules of common law, the civil law on the uses of commerce (i.e., in those areas identified shall be subject to civil rules without valid alleged trade practice that contradict, be void for being contrary to law, custom).

Acquisition of the Status of Employer

Following art. 1 Cdc, the exercise in business requires compliance with the following requirements, in the case of individuals:

1. Having legal capacity to engage in commerce. In this regard, remember that can accommodate:

• The legal age.
• Have the free availability on their own property, i.e. they are not disabled.

The Cdc exceptionally consents that minors and the disabled to acquire merchant status as they continue the business of their parents or perpetrators, with the help of a tutor who will be under the protection of the courts.

Any action taken by an incompetent will be considered voidable. Where the employer incurs some cause of disability may retain its status if it continues the course of his business through his legal representative.

2. Other activities of the entrepreneur have to be professional, i.e. a constant activity or, in words of the code, habitual. This common is presumed when the dealer announced by circulars, newspapers, posters, signs exposed to the public, or any other setting where you conduct business operations.

3. The exercise of economic activity takes place on their own.

4. The activity made must involve an organization of material and human elements required to produce the goods and services.

Loss of Status of Employer

The loss of the status of employer depends on the cessation of the exploitation of their economic activity may have its origin in various causes. However, the allocation of business motivates its holder, among other things, have to be realized that the legal relations that have arisen in the course of that activity. Thus, termination is understood to have occurred only when the liquidation of the business ends with payment to your creditors, unless the employer can forward your business. On the cessation of trade of the individual employer may be held for the following reasons: death (heirs), disability (goes out of business but remains an entrepreneur), incompatibility, disability, or voluntary termination of this activity:

• Death of employer: in this case the heirs, after having accepted the inheritance, they can continue doing business and therefore acquire the status of employer, unless already have it. Can get this condition even if they are minors or disabled provided they have the assistance of its legal representatives.
• Supervening incapacity of the employer in this case the employer cease his activity but may retain the status of employer if you have help from their legal representatives.
• Incompatibility arising or disqualification: the employer ceases his activity and loses its status as employer after the liquidation or transfer of their business.
• Termination volunteer activity employer: the employer will lose its status after liquidate or transfer their business.