Merchant Law: It’s a group of juridical norms that regulate the professional activity of merchants and the merchant acts.
Civil Law: it’s the oldest branch of Law, with a complete and up-to-date juridical regulation. It regulates the general juridical relations among particulars. It’s a branch of private law.
TheMerchant Law is a group of juridical norms that regulate the professional activity of merchants and the merchant acts.
The Civil Law is the oldest branch of Law, with a complete and up-to-date juridical regulation. It regulates the general juridical relations among particulars. It’s a branch of private law.
The civil and merchant law, have a lot of similarities, same concepts (goods, persons,obligations, contracts, etc.) but civil law can’t attend exigencies of mobility and traffic of merchant law in commercial mass, that is why exists the branch of merchant law that regulates, in an adequate, dynamic, and professional way the trade acts.
CHAPTER 2; HISTORICAL BACKGROUND
Trade: like merchant activity is old as man, but it wasn’t regulating like today. In the past, theyhad some regulations or dispositions, uses or customs that regulated commerce.
Hammurabi Code: it had merchant rules about interests’ loans, society contract, deposit of goods, Commission contract.
1. Merchant law in the ancient time.
Trade like merchant activity is old as man, but it wasn’t regulating like today. In the past, they had some regulations or dispositions, uses orcustoms that regulated commerce. Hammurabi Code, had merchant rules about interests loans, society contract, deposit of goods, Commission contract.
Rodias’ Laws, created in Rodas Island, content rules and uses of maritime trade.
Manú Code in India was created and established before Christ to regulate trade operations in that time. Also Greece and China, in the past, had their merchant activitiesbased in some rules.
2. Merchant law on Roman Law.
In Rome, flourished trade in an ostentatious way, the Romans took the Rodias’ law for its commercial application, created a kind of institutions of banking for their commercial activity.
3. Merchant Law on Edad Media
Every time that the Roman Empire falls to barbaros’ hands, countries and cities are creating new rules for regular commercial orcommercial activity which regards maritime grows and creates for in case of a legal dispute first courts that are called consulates and their holders consuls: resolve procedurally commercial disputes.
4. Merchant law in Contemporary and Modern Age.
The colonization, discovered new lands, the technology, and others, were factors to give great impetus both commercial activity and its legalregulation.
5. Merchant law in Mexico.
The native Mexico, before the colonization and spanish rule, was regulated its fledgling trade by tianguis or markets where celebrated commercial transactions.
CHAPTER 3; SOURCES OF MERCHANT LAW
Merchant Law: juridical norm, made by the public power to regulate the merchant acts.
Commerce Code: merchant law by excellence.Mercantile Legislation Law: regulations, agrees, circular, decrees … Ex. Commerce Code, General Law of Merchant societies.
Custom and Merchant uses: are formal sources of merchant law, and must be authorized as creation sources of law to solve and regulate a determinate merchant case. Ex: the commissions in a contract of merchant commission have the responsibility using the custom.Jurisprudence: Failures and resolutions of federal juridical power solving 5 same or similar cases, without problems, being that resolutions of obliged application and observance to all the tribunals of the country. Ex. After 5 similar cases, the law is based on the jurisprudence.
1. Sources of Merchant Law.
In terms of Law, have been established three kinds of sources of merchant law that...