Commercial Code

In the field of law, the code is called the set of ordered and systematic legal norms that regulate, in a unitary way, a certain matter. In the case of the commercial code, it is the set of rules and precepts that regulate commercial relations between different individuals or companies in the same territory.

The commercial codes emerged with the Enlightenment to order commercial activity. The development of commerce has generated that, at present, commercial law is regulated both by the commercial code and by other special laws through a decoding process.

Historians consider that the first commercial code was developed in France in 1807 and approved by Napoleon Bonaparte. The objective of the French authorities was to regulate negotiable securities, the formation of companies, the stock market, bankruptcies, banking law, insurance and bankruptcy, among other issues. Although in that first code there were maneuvers by the current government to take advantage of the work of the rest of the citizens, it was essential for this code to be analyzed a posteriori and one where the fundamental objective is to offer a free and fair space for commercial exchange; although in practice it is not quite like that.

According to DigoPaul, the commercial code is part of private law, in its branch dedicated to commercial relations. The rules are intended to adapt to the dynamics of economic relations.

It is important to bear in mind that the word right, from the Latin directum, means “what is in accordance with the rule. ” The commercial code, like the rest of the legal norms, is inspired by postulates of justice and supposes a normative and institutional order that regulates human conduct (in this case, conduct related to commerce).

The law is imperative (it imposes a duty of conduct), attributive (it has the power to demand compliance with the imperative) and bilateral (a subject who is not the affected party is empowered to demand compliance with the rule).

Spain and the Commercial Code

In Spain, the Commercial Code was established in the 19th century, more precisely in 1885, to put an end to the disorder that reigned in matters of commercial exchange in the peninsular territory and to adapt to the new trends that were already taking life and security. in other countries like France and England. In any case, the way it was written leaves a free margin for variations that may take place, taking into account the flow of economic activities in each period.

In this country, the Code is made up of a series of norms and precepts that all those who are practicing in the commercial sphere must observe when establishing relationships of this type with the rest of the merchants or buyers.

In case it has not yet been clear, the purpose of creating a code of this magnitude lies in the need to ensure a fair society and regulate all aspects related to human conduct in the commercial aspect. The norms that compose it have been rigorously analyzed and drawn up with special care, in order to prevent certain potholes that allow illicit businesses that have not been contemplated by law; It should be noted that, despite this, there are many possibilities that have not been considered and whereby individuals try to circumvent the laws.

Finally, we will say that the commercial acts that this code regulates are the purchase of products for resale or rental, exchange or barter operations and transactions carried out by companies that have an industrial or commercial nature.

Commercial Code