Commercial Law Overview

Study Notes

Commercial law is a branch of private law.
It governs specific business activities and transactions.
Commercial law and civil law are both branches of private law, but differ in application to specific individuals.
Merchants seek profit-maximizing opportunities.
Speed and trust are essential components of commerce.
Proof and time limits are crucial time-sensitive factors in commercial disputes.

Evidentiary Rules: In civil cases, proving a debt over a certain amount requires written proof, while in commercial law, business records, if properly maintained, are sufficient evidence.
Deadlines: Civil law allows for payment extensions; commercial law generally does not permit such extensions on commercial documents.
Statute of Limitations: Civil Law: 15 years; Commercial Law: 7 years (sometimes even less to prevent significant losses).
Court Enforcement: Civil law requires a final ruling before enforcement; commercial disputes allow enforcement even on preliminary judgments.
Compensation: In civil law, compensation often follows a formal demand (notice) to the debtor; in commercial law, agreements might waive this requirement.

Civil Law: 4% interest rate for delayed payments.
Commercial Law: 5-7% (maximum) interest for delayed payments.
Joint and Several Liability: Each creditor is responsible for the entire debt.
Declare bankruptcy to halt all debt collection, provided they are unable to repay.

Primary Sources: Agreements, commercial legislation, commercial customs, civilian law.
Secondary Sources: Precedent and legal scholarship.

Profit Motive: A key distinction between commercial and non-commercial activities is the intent to profit.
Recurring Operations: Regular, repetitive operations, with dedicated facilities is a marker of commercial activities.
Professionalism: Consistent engagement in a particular field is another indicator of commercial activity.

Buying and Selling: Purchasing goods to sell or lease.
Leasing: Leasing goods for subleasing or similar.
Business Incorporation: Establishing business entities.
Transportation: Air and sea navigation activities
Buying/Selling Goods: Buying goods for resale or rental.
Commercial Shipping: Buying or selling, or leasing ships and planes.
Provisioning Vessels: Acquiring goods, supplies, crew, etc. for vessels.
Transportation Services: Transporting individuals or products by sea or air for compensation.
Logistics (Shipping/Unloading): Handling activities for commercial movement of goods.
Employment of Personnel: Hiring, employing specialized transport/flight personnel.
Supply Contracts: Regular provision of goods and services to clients (e.g., hotels, clubs, hospitals).
Manufacturing: Transforming raw materials into finished goods.
Transportation (land and maritime): Transporting goods and people by land/water for profit.
Agency and Brokerage: Authorized representation for businesses.
Insurance: Providing insurance coverage.
Banking and Finance: Banking and financial transactions.
Warehousing: Storing goods, products.
Professional Services for Profit: Providing services like printing, graphic design, and translation.
Satellite Broadcasting/Computer Programs: Usage to make profit considered commercial.

Agriculture/Gardening: Farming is generally not considered a commercial activity (unless marketed widely).
Freelance Professions: Doctors, lawyers, and engineers are generally considered non-commercial professions.
Small-scale artisans: Carpenters, plumbers, etc., typically do not engage in commercial activities on a large scale.