القانون التجاري والإداري

Course Information

Course title: Commercial Law
Part: First part
Topic: Business Theory
Professor: رضا محمد عبد الجواد
University: University of Sadat City
Faculty: Faculty of Law
Edition: First edition 2024/2025

Introduction

Commercial law is the legal framework that regulates commercial transactions.
Its importance stems from the significance of these transactions.
They occupy a large area in domestic and international applications.
There is diversity and continuous development in commercial transactions.
They are associated with social, economic, and political interests of any country.
Commercial transactions represent a significant part of human interaction.
They are a means for individuals to acquire goods, products, and services.
Life is unimaginable without them.
They are also a means for many people to profit through investment of capital and ideas.
Commercial activity extends beyond national borders.
It includes import and export operations of goods, products, and services.
It also encompasses international maritime and air transport operations, international banking operations, multinational companies, and commercial agents.
International trade occupies a significant area of application internationally.
While civil transactions are typically stable and established, commercial transactions are diverse and constantly evolving in accordance with the demands of fair competition and changing merchant policies aimed at attracting more customers.
Commercial activities are vital to investors and business owners, but they have social, economic, and political significance, which are especially clear in major ventures with large capital and active networks.
Socially, commerce provides multiple employment opportunities, thus curbing unemployment rates.
It improves individuals' living standards by offering goods and services at competitive prices.
It supports diversity and innovation in goods production and service delivery. This provides access to wider options for individuals.
Economically, trade is critical to promoting a nation's economy and diversifying income sources.
It provides foreign exchange and increases government revenue through taxes and fees levied on commercial activities.
Trade is a fundamental pillar for the development of a country's economy and a benchmark for measuring its size and significance in the international community.
Highly industrialized nations usually have large economies that benefit the nation and its citizens through export processes to other countries.
Politically, commerce plays a critical role in enhancing a nation's political influence and defining its position in the international community.
Commerce provides financial means enabling greater state independence and freedom in decision-making, allowing it to manage its internal affairs independently from external pressures.
Nowadays, it is apparent that countries with strong economies dominate the global landscape and significantly influence the domestic policies of developing nations.
Developing nations often rely on wealthy nations for financing and investment in major ventures and sectors and for importing essential goods and services.
This dependence can lead to an imbalanced relationship where powerful countries control the domestic economic decisions of developing nations.
This control enables them to impose their will on these countries through diplomatic pressure or the threat of withdrawing investments or aid.
The renowned late President Gamal Abdel Nasser emphasized the unwavering and inherent conviction of the Egyptian state by saying "He who does not have his strength does not have his decision." Also, the foremost Sheikh Muhammad Mutawali al-Shurabi said "He who does not have the power of his sword does not have his soul's decision and those who do not have the strength of their day do not have the right to decide their soul".
Legal frameworks regulate this activity, and these rules evolve continuously to align with the evolving needs of preserving the associated interests.

Preliminary Chapter: Definition of Commercial Law

Defining commercial law necessitates understanding fundamental elements for comprehending its substantive, procedural rules, and legislative philosophy.
This involves defining law in general, its significance, and its division into public and private law.
This review is important despite prior study through the student's knowledge base, aiding recall and assisting in understanding commercial law.
Although commercial law shares characteristics with other laws as a collection of legal rules, a specific definition is required to clarify its subject matter scope and those subject to its provisions.
Commercial law emerged to align with the uniqueness of commercial transactions, thus having its own identity and independence from civil law.
Commercial law is an independent branch of law with its own uniqueness and autonomy.
It is intertwined with other branches like civil, administrative, financial, and criminal law.
The current Commercial Law No. 17 of 1999 stands as the primary source for legal rules governing commercial dealings.
It is the comprehensive document encompassing most of Egyptian commercial transactions.
The wide scope, distinctiveness, and continuing development of these transactions have led to associated laws.
These laws are essential for understanding the complete legislative framework governing businesses and merchants.
There is a clear Egyptian state desire to support and promote international trade and foster substantial participation in the global society.
Egypt aims to participate in international trade agreements.
Commercial law sources are categorized as mandatory and non-mandatory.