Fundamentals of Commercial Law: Principles, History, and Legal Acts

Commercial Law

Commercial law is the branch of private law regulating the relations of individuals involved in commercial transactions, particularly merchants.

Characteristics

• Security and strength
• Simplicity and strictness
• Universality
• Systematized and enduring

Sources of Commercial Law

Sources of commercial law encompass any objective mandatory standard or rule from which it originates.

Scope

• Broader meaning

Purpose

• Profit-making

Economic Trade

• Exchange or intermediary activities for profit

Classification of Trade

• Domestic and foreign trade
• Land and sea trade
• Wholesale and retail trade
• Self-employed and commission-based trade

History of Commercial Law

The oldest known commercial law is the Code of Hammurabi, inscribed on Babylonian clay tablets, addressing sale, partnership, credit, and shipping.

Historical Stages

• Prehistory
• Ancient history
• Medieval history (e.g., trade during the Crusades)

Commercial Codes in Mexico

• May 16, 1854: Code by Don Teodosio Lares
• April 20, 1884: Second Commercial Code
• September 15, 1889: Current Commercial Code

Hierarchy of Sources

Hierarchy is defined to prioritize the application of sources:

1. Commercial Law
2. Civil Code
3. Custom
4. Case Law
5. Commercial Doctrine

Commercial Jurisprudence

Commercial jurisprudence is the interpretation of commercial laws by courts, commonly established through repeated rulings (typically 5 cases), and published in the Federal Judiciary's weekly publication.

Commercial Doctrine

Commercial doctrine comprises the opinions of legal authors and writers.

General Principles of Commercial Law

• Money is inherently fruitful.
• Commercial provisions are presumed to be free (non-gratuitous).

Commercial Acts

Commercial acts are legal acts producing effects within commercial law.

Classification by Tena Ramírez

• Absolutely commercial acts
• Commercial acts related to:
  • Economic trade
  • Business arising from acts
  • Acts performed by a merchant in connection with their trade
  • Related events or other accessory business activities

Bridge and Bald's Classification

Commercial acts under the economic concept of trade, including those by companies, referring to things in the nature of trade-related commercial activity.

Legal Relations

Legal relations are the links between people regarding their conduct, creating subjective rights. Elements include subject, object, and event.

Commercial Acts and Legal Relationships

Commercial acts are subject to commercial legal relationships, involving individuals in obligatory leagues.

Subjects of Commercial Relations

Subjects include any person carrying out an act of commerce (considered absolute) and, specifically, merchants as a distinct category.

Individual Merchants

Individuals must meet legal requirements to be considered merchants.

Legal Persons or Corporations

Corporations are always considered merchants and are formed as established by the General Corporation Law.

Requirements for Individual Merchants

• Regular exercise of trade
• Capacity to enjoy rights and obligations
• Capacity to exercise rights and fulfill obligations

Emancipation

Emancipation equips minors with the capacity to act or exercise rights, such as through marriage.

Trade as Usual Occupation

The exercise of trade acts as a usual profession must be a systematic and permanent activity.