Commercial law. What about him should know?
Very often, commercial law becomes a matter of dispute over which part of the entire legal field it belongs to. The thing is that all its main elements are of the so-called “dualistic” character. And in order to understand what the dispute is and how to solve it, you should carefully study them.
Fight for influence
Commercial law has changed its status and continues to do so depending on what type of economy is accepted by the state for this period. Being a tool to monitor and regulate relations in the field of entrepreneurship, it becomes a frontier, if one may say so, institution. Why? The answer is contained in those sources that regulate not only the activities of subjects, but also the status of objects.
Subjects of commercial law
Speaking about this element of commercial law, it is impossible not to mention that all of them act in trade relations in a special status - the counterpart of business relations.Yes, they reserve the fullness of their legal status, but it is in these respects that the latter is somewhat transformed. For example, the state and its institutions. In commercial relations, they act on an equal footing with other participants, but only within the framework of the competence that is granted to them in accordance with the special rules designated by the normative acts. The second special group consists of so-called commercial entities, which include joint-stock companies, all types of partnerships, limited liability companies, cooperatives, and, of course, state-owned enterprises. The latter category of subjects of commercial law include a special group of individual entrepreneurs.
Objects and their different statuses
From the point of view of commercial law, almost everything can be objects of this industry. True, each state establishes prohibitions or restrictions on the implementation of operations with some of them. Commercial law recognizes this situation because things or intangible benefits can harm or damage not only the life and health of individual subjects, but the entire country as a whole. In this case, poisonous or explosives can serve as a prime example.And because the whole set of objects are divided, as in civil law, as follows:
- are in free circulation, that is, you can carry out any operation with them;
- withdrawn from circulation - under the strict supervision of the state (for example, spacecraft);
- limited in turnover - for carrying out transactions it is necessary to observe certain rules and obtain permits.
And in order to understand who and what transactions within this institution can conduct, it is necessary to examine the sources of commercial law.
Base of commercial relations
Of course, any industry relies on a constitutional act. But in this case, detailed regulation is provided by other acts, among which the civil code is elevated. However, there are a number of regulations issued in the field of public law, for example, from the field of licensing or the activities of state enterprises. That is why commercial law, because of the subjects, objects and their regulation, is considered a dualistic industry, in which it is impossible to determine which side - public or private - plays a leading role.