A commercial code records the rules that regulate commercial activity.
In the field of law , the set of ordered and systematic legal rules that regulate, in a unitary manner, a certain matter is called a code . In the case of the commercial code , it is the set of rules and precepts that regulate commercial relations between various individuals or companies in the same territory.
Commercial codes emerged with the Enlightenment to organize commercial activity. The development of commerce has meant that, currently, commercial law is regulated by both the commercial code and other special laws through a decodification process.
Origins of the commercial code
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 proceedings, among other issues.
Although in that first code there were efforts by the current government to take advantage of the work of the rest of the citizens, it was essential for said code to be subsequently analyzed and one offered where the fundamental objective is to offer a free and fair space for the commercial exchange; although in practice it is not entirely like that.
Commercial codes are part of private law.
Part of private law
The commercial code is part of private law , in its branch dedicated to commercial relations. The rules aim to adapt to the dynamics of economic relations.
It is important to keep 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 regulations, is inspired by postulates of justice and supposes a normative and institutional order that regulates human conduct (in this case, conduct linked to commerce).
The right is imperative (imposes a duty of conduct), attributive (has the power to demand compliance with the imperative) and bilateral (a subject other than the affected one is empowered to demand compliance with the norm).
The Commercial Code of Spain
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 terms of commercial exchange in the peninsular territory and to adapt to the new trends that were already gaining life and security. in other countries such as France and England . In any case, the way in which it was written leaves a free margin for variations that could 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 rules and precepts that all those who are working in the commercial field must observe when establishing relationships of this type with the rest of the merchants or buyers .
Its usefulness
Ultimately, 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 regulations that compose it have been rigorously analyzed and written with special care, in order to prevent certain loopholes from existing that allow illicit businesses that have not been contemplated by the law ; It should be noted that, despite this, there are many possibilities that have not been considered and where individuals try to circumvent the laws.
To conclude, we will say that the commercial acts regulated by this code 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.