الفصل الأول: نظرية القانون التجاري

First Chapter: Commercial Law Theory

• The first chapter discusses commercial law theory.

Chapter Objectives

• Students should be able to identify key differences between civil and commercial transactions based on established legal principles.
• Understanding the significance of distinguishing between civil and commercial activities is crucial.
• Students should be able to differentiate and compare various types of business activities.

First Section: Distinguishing Between Commercial and Civil Transactions

• Criteria for distinguishing commercial from civil transactions encompass various categories.
• Primarily, economic considerations play a crucial role in this distinction.
• Secondary criteria rely on legal foundations.

Second Section : The Criteria for Distinguishing Between Commercial and Civil Transactions

Economic Criteria

• Speculation (or Venture): A transaction is deemed commercial if it involves speculation as a primary objective, aiming to profit through risks and rewards.
• Trafficking/Circulation: Business activities are considered commercial if they involve the mobility of wealth, transferring goods or services from a state of stability to the consumer's hands, to realize profits.

Legal Criteria

• Trade Profession: A transaction is considered commercial if it is pursued through a dedicated trade profession.
• Organized Enterprise: A commercial transaction is characterized by systematic procedures, a clear structure, and visible manifestations of an enterprise aiming at production, distribution, or commodity/service exchange.

Summary of Chapter Distinctions

• The text highlights that distinguishing between civil and commercial transactions solely based on a single criterion presents significant limitations.
• The most reliable method includes examining a combination of four key facets: (1) the intent to earn profit, (2) the nature of transactions (dealing with goods that typically move or circulate) (3) the existence of an actual business enterprise (4) the involvement of an established vocation.

Second Chapter: Types of Commercial Activities

• This chapter classifies different kinds of business activities.

Categorization of Commercial Activities

• Statutory: Distinct categories of business activities outlined unequivocally in legal statutes.
• Conditional: Certain types of commercial activities require professional status or a specific level of expertise (a professional must be involved e.g., business law).
• Derivative: Commercial activities connected to and derived from other commercial transactions.
• Hybrid: Involve both elements of civil and commercial transactions within one business activity.

Detailed Classification Examples

• Individual Transactions: (e.g., buying and selling goods for immediate resale; leasing a piece of land for repeated lease).

• Specialized Commercial Activities: (e.g., establishing companies; marine/aerational navigation).

• Financial Operations: Deals with finance and financial assets as well as operations involving financial instruments and transactions.

. Professional Professions: Certain professional activities can be considered commercial. These activities are typically characterized by the employment of expertise and skill.

• Non-Commercial Operations (Important Distinction): Certain activities, despite generating profit, are still classified in the civil category.

• Intellectual Works: Intellectual work, creative activities, like writing books, producing music, or conceiving new ideas are mostly classified in the civil law instead of commercial. However, their commercialization (publishing books, producing music, and securing patents are commercial-related activities).

• Free Professions: Professional services, such as those rendered by lawyers, doctors, or engineers, are primarily considered civil activities, unless they also engage in commercial activities alongside their regular practice (e.g., setting up a business practice or using commercial vehicles).

• Pharmacy Activities: Pharmacy activities can be categorized as either commercial or civil depending on their specific nature. If a pharmacist primarily engages in dispensing medications, it is categorized as civil. Whereas if they engage in buying and selling medications for profit it becomes a commercial activity.

• Leasing of movable property: Leasing movable property with the intent of re-leasing it to generate profit is considered a commercial operation

• Establishment of Business Corporations: Establishing businesses of all kinds is a commercial act.

• Navigation (Marine/Aerial): Activities, such as building, repairing, leasing, buying, or selling ships/aircraft are strictly commercial.

• Trading in Commercial Papers: Dealing in documents and items (commercial papers) with predefined legal specifics is regarded as a commercial transaction if conducted as a regular business procedure.

• Other Commercial Types: Includes a wide range of activities like trade intermediation (brokerage and agency), banking, and finance. The specific type of each activity may qualify it as either civil or commercial law.

• Exemptions: Some businesses are exempt from commercial legislation, such as very small or micro-businesses, which fall under local municipality law and regulations.

Further Considerations:

• There is no universal definition, but relying on combined criteria increases accuracy.

Additional Information

• This summary highlights essential findings and distinctions. The provided text likely contains further detail and examples.

يتناول الفصل الأول نظرية القانون التجاري ويحدد الفروق الرئيسية بين المعاملات المدنية والتجارية. من المهم فهم مدى أهمية التمييز بين الأنشطة التجارية والمدنية لتحقيق الأهداف القانونية. يهدف هذا الاختبار إلى تعزيز معرفة الطلاب بمختلف أنواع الأعمال والمعاملات.