Legal Encyclopedia. Letter T

COMMERCIAL LAW

- An independent branch of law that regulates, along with civil law relations arising in the field of commercial and civilian traffic. TP foreign countries regulates the establishment and termination of activities and trade associations, including the issues of their registration, record keeping,

representation, the turnover of securities trading transactions and TP in different states.

TP had the right to a social class of merchants, traders, and was originally called respectively the right merchants. First TP covers the area of ​​treatment, and only related to movable property, not capturing the sphere of production. Gradually the scope of TP constantly extends its rules regulate the relations related to the manufacturing industry, services, publishing, activities of entertainment activities, real estate transactions, and many others - it covers everything that can be called predprinimatelskoydeyatelnostyu.

In countries where there are special codes (France, Germany, Japan), there is a dualism of civil law. The dualistic system of private law was retained in Germany, where unification of the TP occurred before the civil, in 1869, before the unification of the German states. In England there was never any civil or commercial codes. However, since the second half of the XIX century. In England an increasingly important role in the regulation of economic relations is beginning to play a law which included rules and TP applied regardless of whether the parties to the relevant traders relationship or not. For example, in England, it was the law of the Bills of Exchange 1882 for the sale of goods Act 1893 and others.

In Switzerland and Italy, there was a unification of the civil and TP in a single piece of legislation - the Civil or Obligations, Code. In the US, all states implemented the codification of trade laws - Uniform Commercial Code.

Principles TP - basic start economic activities that define the essence of relations developing between economic operators in the trade. In theory and practice of foreign states the principle of a comprehensive free trade includes:

1) The principle of freedom of economic activity;

2) the principles of free enterprise, including the principle of freedom of contract;

3) The principle of freedom of competition;

4) The principle of pricing freedom;

5) the principle of equality of subjects of trade relations;

6) the principle of the protection of the violated rights of merchants, including legal protection.