But all this does is the Trade Law (DM)?
Commercial Law has evolved as it has evolved socio-economic development legislative and political countries.
1. Acts of trade, brokering the exchange of goods.
2. Subjects relationship commercial law, business and corporate.
4. judicial or administrative procedures. For example commercial judgments, bankruptcy, etc..
Taking into account these areas Commercial law could define the set of legal rules governing goods and services to individuals or entities that act, the relations arising therefrom and administrative procedures and process used to resolve commercial disputes.
Trade Law Is an autonomous science?
is considered that the commercial law is an autonomous legal science for several reasons:
a) has a large enough to merit a special study. (Our Bcc. Has 1437 papers) and a large number of laws of a commercial nature.
b) contains homogeneous doctrines and general concepts to inform other disciplines.
c) has its own method, which regulates all commercial legal study should be done prior knowledge of the economic and technical institutions. Besides being a comparative historical study of the development of various aspects of the institutions of DM in time and space. It aims to explain the meaning of each standard.
What is the importance of commercial law?
The DM plays an important role in the economic, political and social advancement of all countries because of their direct involvement in production and trading of goods and services needed to satisfy the needs of humanity.
Where can we find the Corporate Law?
The DM can locate it calls sources of law in general agreement with the traditional doctrine include the formal, real and historical. Commercial transactions are governed by the provisions of BCC. and trade practice generally observed in each square, and in the absence of both rules, by the common law
We note that the sources of DM, are those legal acts of creation are detected in so indubitable historical experience of the law, by which the rules of commercial law are transmuted into rule of law.
Such rules of law by order of importance: the law, custom, jurisprudence and doctrine.
a) Act
is the most important formal source of law and commercial law is the ultimate source of DM. Commercial law applies only and exclusively on issues known as commercial.
Trade Law are also international conventions adopted by the Senate, such as the Free Trade Agreement with North America (FTAA) and the European Union Treaty.
b) Uses and commercial customs. S
on the outcome of the practice that they do traders, so they can come to be regarded as true law. Uniform practice and continuous duration are to be observed as legal rules in force, however, can not repeal the laws themselves to be anti-commercial and public policy principles.
Applications are autonomous and independent arrangements. Are classified as: * Conventional
provide us with the intention of the parties in business relationships (Contracts) Regulations
* imply the result of the practice of traders.
uses serve us as a subsidiary source of DM, some authors believe are the primary source because this comes from the customs law and not legislative.
commercial usage in Mexico are subsidiaries of extra sources of commercial law, some authors believe are the primary source and that it derives from the uses and customs, not the Legislative Law. Admas supplement the silence of the law and contracts. (Cco. Arts. 304 and 333)
The custom is widespread and constant repetition of certain facts, involve the collective belief that such recovery is valid and therefore legally binding and voluntary. It is a spontaneous product of the needs of commercial transactions. It
two essential characteristics:
* is related to everyday life.
* He does not universally, but only in a certain space and a certain group of individuals.
The practice is considered an independent source of DM and does not require the recognition of the legislature or the judge, and change the wording of the new social needs. (Cco. Arts. 280, 1132.)
c) Decisions
is a set of resolutions that they support the decision in five sentences are not interrupted by other otherwise, and that are approved by the appropriate judicial officials .
d) The doctrine
are scientific studies that jurists made about the law, the theoretical purpose in order to interpret its rules and point out the rules of your application. It is considered a formal source sufficient which rely on many occasions, both the legislator and the judge to create or interpret a commercial standard.
Do all these sources are as important as written text?
Article 133 of the Federal Constitution of the United Mexican States, according to the normative hierarchy of laws in our country, showing the supremacy of the Constitution, as higher legal standard, validates and unity to our domestic law. In the background are laws and treaties, corporate law must comply with those conditions.
Commercial Law has the following hierarchy:
a) Constitution.
b) international treaties and agreements on the subject.
c) Commercial Code
d) Special Federal Law.
e) Custom and commercial uses
f) Civil Law (supplemental application)
g) Decisions
h) General principles.
What is the supplementary civil law?
In Mexico the law is very clear in establishing the supplementary civil law in the commercial area. The current Commercial Code ( http://info4.juridicas.unam.mx/ijure/tcfed/2.htm?s =), provides in art. 2 that the absence of provisions of this Law and other commercial laws will apply to commercial transactions the common law contained in the Federal Civil Code in case of supply gaps of Business Law, is elevated to the rank of federal enforcement.
The Mexican Constitution and the Trade Law
The Basic Law contains the basis for the organization of public authorities, social freedoms and individual rights, among which one of the most important in modern nations is the trade.
The Constitution provides 5 basic principles:
1st. The individual is the fundamental aim of all social institutions.
2nd. Protects the individual activity.
3rd. Provides for freedom of trade
4th. Seeks to abolish the monopoly.
5th. Protects the individual's property, allowing only the state take possession of them, when required by the public interest.
The Constitution ( http://constitucion.presidencia.gob.mx/ ) recognizes that federal authorities are responsible for all matters relating to trade and the Mexican state, it is for the country's economic stewardship, and serves as a foundation to DM, as it states:
Section 5. "The freedom to engage in the profession, industry, trade or work choice, it is lawful"
Article 27 Fracc. IV. "The basis of that publicly held companies by shares may own rural land with the extent necessary to achieve its purpose, without exceeding the limits of the regime of small property"
Article 28 paragraphs 1, 2 and 3. "It protects free competition or competition in trade, industry and services to benefit consumers."
Article 28 paragraphs 6 and 7. "It protects the purchasing power of the currency, regulating the changes, the brokerage and financial services."
Article 28 paragraph 8. "Authorizes producer cooperatives or associations to exclusively market the products, the main source of wealth for the region."
Article 89 paragraph 9. "It protects authors and artists to enjoy, for a specified period, the privileges derived from their inventions work." Article 89
Fracc. XIII. "Empowers the Congress and the Executive, delegated by the first, so that serious increase, decrease or abolish the exploitation and import tariffs and transit of products, goods and effects to regulate foreign trade and economy country and enable all kinds of ports and maritime customs to establish. " Article 73
Fracc. IX "empowers the Congress to: ... Stop in commerce from state to state constraints are established." Article 73
Fraccs. X, XXIX points 1, 3, Fracc. XXIX-F. Lawmaking on trade, foreign trade, brokerage, financial services, credit institutions and insurance companies and the Mexican investment promotion, regulation of foreign investment and technology transfer. "
Trends What is the Mexican Commercial Law today?
Like all other areas of trade, the DM, is affected by globalization, to achieve internationalization the capital, circling widely in commerce.
The vocation of the capitalist system established as a global market is increasingly integrated economic principles, but mostly legal, with the agreement that sustain and give life to music.
Globalization tends to impose the logic of profit, accumulation in all areas, sectors, regions and social groups, and has been based on material development of new technologies in electronics, computers, computing, communications, which allow the instantaneous flow of financial capital.
The evolution of international trade law is expressed with greater state intervention in the economy and a new social consciousness in many of its institutions in order to protect the social interest and the general economic interests.
principles century has seen new forms of commercial contracts respond to technological developments in the service of a market economy, where one of its terms is the law firm, the increasing demand for goods and services, etc., Because to the profound economic, social and political world.
E-commerce came to revolutionize the formal concept that had been doing business. E-commerce in Mexico caused a rapid change to company law, which was overtaken by some provisions.
order to achieve commercial transactions electronically, it was necessary to modernize the commercial law so that at the time of this activity, are seen as legally valid means sent by electronic means.
DM precursor of transformations and overcome concepts, according to new ideas and technological advances continue to govern the business and evolve with the current world trade.
International Commercial Law reaffirms the liberal principle of private autonomy, factor unifying role in the movement that occurs with the levy of Commerce.
Do you understand now why it is important Commercial Law? Hope you like it and accept the challenges of meeting other area of \u200b\u200bknowledge that will complement your career and your life.
