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.