Commercial Law Overview

Summary of the Book

• The book discusses Commercial Law and Commercial Companies.
• It is aimed at students learning Commercial Law.
• The book covers various aspects, including definitions, historical development, and principles of commercial law.
• It emphasizes the difference between commercial and civil acts.
• It clarifies the establishment of commercial entities and their various kinds.
• The book is a study guide for law students.
• It includes a table of contents for easy navigation.
• The book is primarily a legal resource.

Unit 1: Introduction to Law

• Definition of Law: Law is a set of rules derived from the Latin word "Kanon."
• Characteristics of Legal Rules: Legal rules are universal and abstract, applying to all situations that meet specific pre-defined conditions.
• Purpose of Law: To regulate social relationships, maintain order, ensure justice, and accommodate changes in society.
• Types of Legal Rules: Imperative rules are mandatory, and supplementary rules are optional, depending on agreements.
• Importance of Classification of Legal Rules: Classification helps understand the scope and application of legal concepts.
• General Classifications of Law: Law is divided into public and private law, according to the nature of the relationship involved. Internal and external or international law are further subsets.
• Importance of the law in society: Law contributes to maintaining societal order and stability. It defines and safeguards individual rights and responsibilities.

Unit 2: Commercial Law and its Historical Evolution

• Definition of Commercial Law: Commercial law regulates commercial transactions. It is a legal framework aimed at commercial relationships.
• Economic Necessity for Commercial Law: Commercial law differentiates itself from general civil law based on aspects of speed and credit. Commercial interactions require speed and credibility.
• Historical Stages of Commercial Law: Covers ancient, intermediate, and modern stages. Early development in Mediterranean societies (Egyptians, Phoenicians, Assyrians, and Greeks) laid groundwork for commercial practices. The rise of Islam spurred further commercial law development. Later periods show the impact of European expansion and the emergence of modern banking in shaping commercial norms.
• Sources of Commercial Law: Commercial legislation, principles of civil law, Islamic law, customs, and precedents are sources.
• Scope of Commercial Law: Commercial law covers various areas differentiating it from civil law. Theories and judgments are covered and categorized.
• Types of Commercial Activities: Includes individual and collective commercial activities.

Unit 3: Merchants

• Definition of a Merchant: A merchant is someone who conducts trade professionally, with necessary legal capacity, and makes it a profession (Article 18).
• Importance of Defining a Merchant: Defining a merchant is essential for applying commercial law, defining obligations, and establishing clear legal frameworks.
• Conditions for Becoming a Merchant: The legal framework necessitates professional conduct, independent activity, and legal standing.
• Professional Duties of a Merchant: Several obligations relating to business conduct.
• Penalties for Violating Commercial Registration Rules: Penalties for non-compliance with commercial registration procedures.
• Legal Consequences of Obtaining Merchant Status: The rights and responsibilities linked to merchant status, such as legal requirements, taxation, and bankruptcy procedures.
• Types of Commercial Registers: Details on the structure and format of professional registers.
• Obligations of Non-Unfair Competition: Regulations and measures associated with rules and codes for fair competition.
• The Commercial Establishment: Defining the commercial establishment and its elements.
• Elements of a Commercial Establishment: Identifying the physical and non-physical elements.
• Exclusion of Certain Elements: Excluding real estate, documents, and correspondence from the material elements.
• Essential Elements: Identifying elements for constituting a commercial establishment in different contexts.

Unit 4: Commercial Companies

• Introduction to Commercial Companies: Examining the historical context of commercial companies.
• General Principles of Commercial Companies: Defining and analyzing the concept of a company, differentiating it from other legal entities.
• Establishment Contract: Details on the contract for establishing a company.
• General Elements of Companies: Discussing the fundamental elements that make up a company.
• Legal Personality of Companies: Defining and examining the legal personality of a company.
• Consequences of Acquiring Legal Personality: Explaining the impacts of acquiring legal personality.
• Different Types of Commercial Companies: Explaining different kinds of commercial companies.
• Analysis of Different Types: Detailed examination of different forms of company structures (person-based and asset-based).
• Summary: Key takeaways about this unit.
• Questions for Self-Assessment: Questions to assess understanding of concepts.
• References: Literature related to the unit.