ENSAYO EN INGLES DERECHO MERCANTIL

ENSAYO EN INGLES DERECHO MERCANTIL

Presentado a: Sandra Elizabeth Fernández Correa

Presentado por: Diego Alexander Vega Sanchez

Universidad Surcolombiana

Facultad de economía y administración

Contaduría Pública

Commercial law

We can establish as a notion of this right, as the set of rules and rules regulating mercantile activity and all those who practice it.

is in charge of establishing guidelines and Regular conduits of situations that underlie the mercantile sector.

Commercial law is characterized by taxation or device. The first ones are in rules of obligatory fulfillment, like the mercantile register and the second ones are those that are optional like the affiliation of the traders.

The sources of this right lie in, the formal sources and the sources Non-formal.

Formal sources are the pillars of commercial legislation And They are obligatory in their precepts which consecrate:

• Commercial law: Traders and commercial matters shall be governed by the provisions of the trade law. The legal rules of commercial law can be found in Decree 410 of 1971, Trade code.

• Custom: The mercantile custom will always have the same authority as the commercial law, provided that it does not contradict it expressly and that the constitutive facts are public, uniform and reiterated.  

Non-formal sources: contribute to uniform development and dissemination, but do not have a mandatory range as they are:

• Jurisprudence: Set of sentences, decisions or judgments dictated by the courts of justice or the governmental authorities in which commercial acts are involved.

• Doctrine: A set of ideas, teachings or basic principles promoted by an ideological, political movement influencing commercial law.

The Trade Law Defined as Trader Article 10 (Decree 410 of 1971) Code of Commerce- "The people who professionally deal in one of the activities that the law considers mercantile.

The quality of trader is acquired, although the commercial activity is exercised by means of proxy, intermediary or person interposed "

The legislation also establishes how a person is presumed to exercise trade in the following cases.

• When it is registered in the Mercantile register.

• When you have open trade establishment.

• When the public is announced as a trader by any means

Traders by the fact of being recognized will have to comply with the duties that the legislation establishes.

• Register in the Mercantile register.

• To register in the Mercantile Register all acts, books and documents in respect of which the law requires that formality.

• Carry regular accounting of your business according to the legal requirements.

• maintain, in accordance with the law, correspondence and other documents related to their business or activities.

• To denounce to the competent judge the cessation in the current payment of his commercial obligations.

• Refrain from executing acts of unfair competition.

Finally, the Legislation Defines who are Unfit to practice trade.

• Merchants declared bankrupt, as long as they do not get their rehabilitation.
• Officials of official and semiofficial entities with respect to commercial activities related to their functions.
• Other persons who by law or court ruling prohibit the exercise of commercial activities.

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