Commerce acts in Peruvian commercial law
Summary
In this work, trade acts will be studied and the way in which the Peruvian Commercial Code regulates them, a brief explanation of its classification and characteristics will also be made for a greater understanding of these. The Peruvian Commercial Code establishes that merchants are those who have legal capacity to exercise trade through trade acts, those who usually dedicate themselves to it. Commerce or industrial companies that are also constituted in accordance with this Commercial Code can also carry out trade acts. It is understood as acts of trade to the purchase, swap or lease of movable things made with the intention of, swap, lease or sub -lead them.
Introduction
This article is focused on trade acts. Commerce is one of the oldest and most classic economic activities that humanity practices to achieve an economic gain of it. From the same it is possible to exchange goods, and services, which on the one hand will meet the needs of one consumer and on the other they will report an economic gain to those who sell them, markets.
An act of commerce is that action that an individual or company carries out and by which the purchase of a good, a product, or the acquisition of the rights of the aforementioned, from the payment agreed with the person sells, sells,which will until that moment the owner or holder of the good in question.
It is necessary to emphasize that the objective to be carried out through the act of commerce is to obtain an economic benefit. Therefore, the economic gain to be received or that is received will be materialized from the moment in which the acquisition of the good is achieved and it can also be increased if the good that is acquired is carried out a modification thatGrow the value paid for him.
Among the most current trade acts we can mention the following: the purchase of movable or rights inherent to them, the typical banking operations, the purchase of items, among others, among others.
Trade acts
Definition of trade acts
The acts of commerce are all those acts, which are carried out by the merchants, those in which the purchase of goods or services is made, through the acts of commerce, the circulation of the currency or the economic wealth is carried outFor the increase in the country.
It is the legal act carried out by natural or moral person, whether merchant or not, that produces effects on the field of commercial law. The Commercial Code does not simply consider the labor and manufacturers as the only people who can accidentally carry out trade operations;Therefore, all persons who accidentally, with or without fixed establishment are subject to commercial laws, make some trade operation, even if they are not in merchants law. (Quevedo, 2016)
The acts of shops are acts that are implicitly carried out by merchants so that at the beginning of a commercial activity they must legally do so the importance of knowing what the values that give rise to a commercial activity are, what are their requirements andbefore whom it must be requested and where it must be registered. (Lucio, 2018)
As we can distinguish in the previous lines the term acts of commerce is used to distinguish between those legal acts that are regulated by commercial law and those that are regulated by civil law. Commerce acts are carried out by business, are carried out in development of an organized economic activity, with a massive and repeated character.
Commerce acts are those patrimonial and onerous acts. Defines the first by reference to those acts that produce modifications in the subject of law, increasing or decreasing their assets or liabilities. The acts carried out by the employer to achieve the purposes of the company will be acts of commerce, and on the occasion of this definition imposes the explanation of the three structural elements of the company: organized economic activity, commercial entrepreneur, and trade establishment (Castro de Castro de CastroCifuentes, 2010).
Commerce acts are the acts that belong to an industry and consist of interposition or mediation operations, for which one person is acquired to transmit it to another, a good. It is inferred that the act of commerce is first and foremost a legal act, since to acquire and dispose. The act of commerce refers to the acquisition through a payment, a product or rights over that product to obtain later profit. This concept can be applied to movable things, that is, all things that can be mobilized without their structure changing.
Characteristics and elements of trade acts:
Characteristic
Among its main characteristics we have the following:
- The act of commerce has mediation,
- Has change and exchange.
- The act of commerce is linked to profit or profits.
- They have the purpose of circulating wealth.
- They are aimed at the interchangeable value of things (Briceño, 2016).
It refers to the fact that it has mediation because it is the commercial activity carried out by people with the aim of exchange goods and services in the market. To which it has change because a product exchange can be made and at the same time you can also make exchanges that are similar to the trucks that were performed in the Inca era.
Items
The elements of trade acts are as follows:
- Subjects: that are divided into two:
- Merchants: It is the person who trades, who is dedicated to negotiating buying and selling merchandise, can be of two types:
- Dependent collaborators
- Independent collaborators
- Those who accidentally perform trade acts.
- CONSENT: Of the people who are going to execute it.
- Object: in whom the act of commerce falls.
- Purpose: The cause of the act of commerce.
Classification of trade acts
Doctrinal classification
- Essentially civil commercial acts: they are regulated only by civil law because they do not imply acts of exchange of goods or services, if not legal acts that are based on personal rights.
- Absolutely commercial acts: regulated only by commercial law (Commercial Code).
- Conditional commercial acts: they are regulated by both civil legislation and by the Commercial Code. (Dávalos, 2016)
For the way they are done:
- Relative commerce acts: The acquisitions and disposablecivil.
- Accessory and related acts: are those manifestations of the will that strictly derive from a main act of commerce. In this sense, the viability of accessory acts depends strictly on trade acts that have a general nature. (Espinoza & del Swan, 2015)
Other classifications:
- Subjective commercial acts: They are any legal business regulated by the particular laws of merchants consisting of a set of certain and improved rules for their government and for the transactions they could carry out.
- Commercial acts Objectives: It is no longer necessarily required to be a merchant to be protected by commercial laws, but that a person is enough to perform an operation or an act of commerce, to be subject to commercial laws.
- Absolute acts: They are called in this way by virtue of always being commercial and are subdivided into attention to the subject who performs them;to the object around which they are carried out and the form that for certain acts demands the law. (Lucio, 2018)
Commerce acts in the Peruvian Commercial Code:
The Peruvian Commercial Code was created to regulate all commercial acts and procedures, in any way that these are celebrated. All people who regularly exercise hiring or the purchase of goods and services are called merchants, these acts are called commercial acts or trade acts.
In the Peruvian Code, the distinction between trade acts and trade contracts is made. A commercial contract refers to a legal agreement between two or more parties through which they undertake to carry out or not perform certain things. Contracts can be written or verbal and write formally or informally.
The Commercial Code in your article thirteen points to those who cannot exercise trade, or perform trade acts:
Those sentenced to the penalty of civil interdiction, as long as they have not served their sentences or have been amnestized or pardoned.
Those declared bankrupt, as long as they have not obtained rehabilitation;or are authorized, by virtue of an agreement accepted in the General Board of Creditors and approved by the Judicial Authority, to continue at the head of their establishment;understanding in this case limited the authorization to what is expressed in the agreement. (Peruvian Commercial Code, 1902)
In addition, in its article five it tells us that the incapacious, either because they are under twenty -one years (who have not been emancipated) or have special skills, they can perform trade acts, but through their legal tutors. In the event that these tutors are impeded to perform trade acts, then they will be in need of designating others who will represent it in such acts.
Conclusions
In conclusion, trade acts will be the acts that belong to an industry and will consist of interposition or mediation operations, for which one person is acquired to transmit it to another, a good where it is seen that the concept of interposition isTwo diverse operations: an initial acquisition and another final sales, donation or assignment of the right or domain over good or property, being as commercial as one as the other.
It follows that trade acts are first and foremost a legal act, since to acquire and dispose of a good, it is needed that the merchant between other people in relations of law. The primary object of trade acts is to produce consequences of law among merchants or at the time they carry out one or more commercial operations.
Commerce acts are also related to the transmission, modification, recognition or extinction of rights and obligations within commercial or commercial activity.
Merchants are the most important subjects in all commercial relations. Merchants can be natural or moral persons who usually or already participate professionally in trade acts already having a legal capacity acquired to do so. They are also merchants for the purpose of the commercial law, the natural persons that accidentally carry out commercial operation, those for which the commercial acts are not usual.
The effects of the act of commerce are to produce law consequences. This means that when performing an act of commerce, modify, transmit to declare or extinguish rights and obligations among merchants, and that due to this there will be obligations to give, do or not do and sometimes, sometimesAlso the declaration of a right. In addition, the Commercial Code strictly regulates those who can perform trade acts and those who are prevented from doing so.
References
- (01 of 07 of 1902). Peruvian Commercial Code. Obtained from https: // scc.PJ.Gob.PE/WPS/WCM/Connect/3C0D35804D90AEE08507F5DB524A342A/C%C3%B3Digo+Commerce.PDF?Mod = Ajperes & Cacheid = 3C0D35804D90AEEE08507F5DB524A342A
- Briceño, g. (2016). Euston. Obtained from https: // www.Euston96.com/acts-of-compio/
- Castro de Cifuentes, M. (2010). Review of ‘Commercial Law: Acts of Commerce, Companies, Merchants and Epressants’. Bogotá.
- Dávalos Torres, M. S. (2010). INTRODUCTION MANUAL TO COMMERCIAL LAW. Mexico: UNAM.
- Espinoza Carrión, J. V., & Del Swan Tinoco, M. (2015). Classification of trade acts.
- Lucio Gutierrez, K. J. (2018). Draft Reform Law to Art. 22, 26 and 28 of the Commercial Code. Babahoyo.
- Quevedo Coronado, F. Yo. (2016). COMMERCIAL LAW (THIRD ED.). Guadalajara, Mexico: Leticia Gaona Figueroa.
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