Commercial Law Overview

Commercial Law

• Commercial Law provides general information.
• Law is a set of rules regulating interactions within a society.
• Law distinguishes between civilized and uncivilized societies.
• Without law, societies become chaotic, with the strongest surviving, rather than the most deserving.
• Law maintains security and order.

Classification of Law

• Public Law governs relationships between states, whether during peace or war.
  • It also manages the relationship between the individual and state.
• Private Law governs relationships between individuals, or between individuals and the state (without sovereign power).

Public International Law

• Governs state interactions during wartime and peacetime.

Criminal Law

• This branch is divided into Criminal Law and Criminal Procedures.
• Criminal Law is a set of rules defining criminal acts and corresponding punishments.

Administrative Law

• This area governs relations between public officials and the state.

Constitutional Law

• It's the highest law in the land.
• Created by the people's representatives, through constitutional associations.
• Constructed in three ways: forming a new state, emerging from a revolution, and after gaining independence.
• The state possesses three powers: judicial, legislative, and executive.
• Laws must not contradict the constitution; otherwise, they are unconstitutional and invalid.

Civil Law

• A set of rules regulating interactions between individuals.
• It is the basis for private law.

Commercial Law

• The new Egyptian commercial law is number 17/1999.

Private International Law

• Governs transactions involving international elements, such as sales, purchase, and insurance.

Maritime Law

• A set of rules governing sea-based trade.
• If the trade occurs on land, commercial law is applicable, whereas maritime law governs sea trade.

Civil and Commercial Procedures Law

• Outlines procedures for legal disputes and court jurisdiction.

Commercial Law Intro

• Sir Roy Goode believes commercial law concerns duties and rights related to goods and services within trade.
• This definition's scope encompasses commercial transactions regardless of the participants' trader status.

Scope of Commercial Law

• Material Theory: Commercial law applies to every commercial transaction, regardless of participants.
• Personal Theory: Commercial law applies only to traders or significant persons.

The Position of Egyptian Legislator

• Article 1, No. 17/1999, and Article 10, No. 17/1999, of the Egyptian Commercial code stipulate the application of these commercial regulations to all merchants.

Sources of Commercial Law

• Formal Sources:
  • Agreements between parties.
  • Commercial law and supporting regulations.
  • Commercial customs and practices.
  • Civil law.
• Informal Sources:
  • Judicial precedent (case rulings).

Commercial Customs and Usages

• In the USA and UK, commercial customs are equivalent to legal principles.
• In Egypt, commercial customs are stronger than commercial usages, and they need to comply with national laws.

Provisions of Civil Law

Informal Sources

• Jurisprudence: Scholarly opinions and interpretations of law by legal professionals.
• Judiciary: Court rulings, setting legal precedents.

Legal Systems around the World

• Civil Law: Characterized by legislative dominance and formal legal sources. Applies in countries like Egypt and France.
• Common Law: Characterized by judicial precedent and informal law sources. Applies in countries like England, America, and Australia.

This quiz explores the fundamental aspects of Commercial Law, including its definitions, classifications, and distinctions between public and private law. It discusses the roles of various branches of law such as Criminal Law and Administrative Law, as well as the significance of law in maintaining order and security in society.