Legal Interpretation and Classification of Commercial Acts

Sources of Legal Interpretation

• Jurisprudence (e)

  Jurisprudence is the wise interpretation of the law by judges when applying legal norms to specific cases submitted to their jurisdiction. Today, jurisprudence is generally not considered a primary source of law but rather a crucial legal institution for interpreting existing legal norms.

• The Doctrine (f)

  The Doctrine refers to the legal opinions expressed by scholars and lawyers regarding legal institutions. While not typically a primary source of law, the doctrine serves as an essential means for understanding and interpreting legal institutions and norms.

Defining Acts of Commerce

Acts of Commerce are the typical expressions or manifestations of commercial activity. These acts are conducted through the mediation of parties, aiming to exchange goods and services and obtain a profit.

Key Features of Commercial Acts

1. Mediation (a)

   Mediation involves intermediation between commodity production and the market. This intermediation is typically exercised by a dealer, who may be a natural or legal person.

2. Exchange or Transfers (b)

   Commercial acts are characterized by the mutual transfer of goods and services through reciprocal concessions. The characteristic act of mutual trade is the reciprocal granting or transfer of goods and services.

3. Profit Motive (c)

   The act of trade is intrinsically linked to the pursuit of profit or gain.

Classification of Acts of Commerce

1. Objective Acts of Commerce

   Article 2 of the Commercial Code lists 23 commercial transactions (excluding those listed in ordinals 17 to 22). These are called Objective Acts of Commerce because they are established in the Commercial Code and are sufficient unto themselves, requiring no resort to other elements for determination.

2. Subjective Acts of Commerce

   These acts rely on determining the quality of the merchant (dealer) involved as a prerequisite. However, an act deemed commercial because a merchant is a party cannot be proven otherwise regarding the nature of the act itself.

3. Joint Trade Acts (d)

   These are acts of trade for merchants but not for non-merchants. Therefore, a dual nature—civil and commercial—can coexist in the transaction, permitted by law. These are often referred to as Mixed Commercial Acts.

4. Bilateral and Unilateral Trade Acts (e)

   A contract is considered unilateral when only one person is obligated, and bilateral when reciprocal obligations exist between the parties.

5. Presumption of Subjective Trade Act (f)

   Although not always specifically expressed in the law, due to broad and analogous interpretation, this constitutes a rebuttable presumption. This presumption allows for evidence to the contrary regarding whether the act is essentially civilian in nature.

Legal Exceptions to Commercial Acts

These exceptions apply when an act is essentially civil in nature, despite appearances. The importance of these legal distinctions lies in the necessity to separate and individualize the act of trade from general social and legal acts, ensuring the correct application of relevant substantive and procedural rules.

Requirements for Subjective Trade Acts

The primary requirement is the quality of the merchant of the subject of the contract and obligation. If the subject of the act is an artisan or a professional breeder, there is no reason to investigate further...