TRADE ACTS: CHARACTERISTICS, CLASSIFICATION - ARTE - 2024

The acts of commerce or mercantile acts are the actions of a commercial nature that include any negotiation of a commercial nature, carried out by merchants or non-merchants, in which there must be an exchange of services or goods, with speculation or circulation of wealth, whose ultimate goal is to make a profit.

This activity arises from the need, from the legal point of view, to differentiate those purely civil actions from those that have interference in the commercial field, where they are stipulated and regulated.

Its objective is to obtain an economic benefit, which will materialize at the same time the property is disposed of, once it is canceled by the buyer according to the agreed terms. These acts are carried out within the current legal regulations, with characteristics of the laws of each country.

The term commerce is often used as a synonym for the act of commerce, but there is a difference between these. The exchanges of goods in commerce are legal acts that may be regulated by civil or commercial law, while all commercial acts are classified as commercial by law.

characteristics

Legal act

This refers to the fact that acts of commerce are the product of the actions of individuals in a conscious, free and discerning way, having the same consequences for the law.

Mediation

Mediation is a commercial activity carried out by people in order to exchange goods and services, carried out through the work of other people.

When an individual trades the product in an entrepreneurial way, where other people are involved, he becomes a commercial mediator between the production and the commercialization of the article.

Exchange and exchange

This characteristic is not restricted only to the concept of exchanging products or services with each other, or for a national or international currency.

The concept extends to all operations and acts of commerce typical of the commercial process, such as obtaining credits, recovering the invested capital, and marketing, among others.

Profit

Every act of commerce is linked to profit, which implies obtaining profits, dividends or compensatory profits from the commercial activity carried out.

Said commercial activity has the purpose of covering the costs applied to the production, the creation or contribution to the reserve fund, the return of the invested capital, the expansion of the company, etc.

Lawful

Commercial acts must be legally binding. Any act is lawful as long as it is not against any rule of a legal nature, nor does it harm third parties in any way, nor morality and good customs.

For this, it is not necessary for the law to expressly classify the acts as lawful or not, it is enough that it is not prohibited in it.

Voluntary

It is essential that it be voluntary, for which it must be carried out with intention, discernment and freedom. If one of these elements is missing, it will be classified as involuntary.

Regulated by Commercial Law

Every act of commerce must be governed by a set of rules contemplated in Commercial Law, which is what regulates the exercise of commerce.

This branch of law legislates taking into account the needs of those involved in the act: the buyer, who receives the product from the merchant, and the seller, who organizes the marketing process.

Tax application

The celebration of commercial acts may entail the collection of taxes, which are mandatory income imposed by the State, demanded by the public administration as a result of a fact that the law links to the duty to contribute.

Classification

Objective acts of commerce

Are those whose nature is purely commercial, being established in the Commercial Code the different acts considered commercial by law. The parties involved may or may not be traders.

Here are some examples that are considered objective acts of trade in an absolute sense:

- The purchase and sale of a commercial establishment, its shares or shares of the mercantile company. The action of buying and selling the set of goods organized by the merchant to carry out his commercial activity, is clearly a commercial act, it cannot be of a different nature.

In the same way, it would happen if a lease was made, since the fact of the contract is governed by a purely commercial thing.

- Acts related to exchange instruments, except for any exception contemplated by law. The creation of these instruments constitutes an act of commerce, because a change takes place at the same time, automatically leading to the circulation of wealth.

Among these exchange instruments are the bills of exchange, the check and the promissory note. The latter is not considered an act of commerce when it comes from non-traders.

Subjective acts of commerce

The legal system needs to delimit commercial matters. Therefore, it establishes that this type of commercial act is restricted to that carried out by merchants, thus leaving their acts subject to the law and commercial jurisdiction.

However, there are exceptions in which the actions of a merchant are not considered subjective acts. They are between them:

- Buying a house to give it to his mother.

- The acquisition of school supplies to be donated to an institution.

- Lending money to a friend to pay medical fees.

In these cases, although all are carried out by a merchant, the ultimate goal is not profit. Profit is a relevant aspect to be classified as an act of commerce.

Mixed

Most of the commercial acts are unilaterally mercantile. This means that this relationship corresponds only to one of the parties involved.

In this case, the civil and commercial nature allowed by law could coexist. However, the Commercial Code establishes that it must be governed by commercial law.

However, this could lead to conflicts in relation to the obligations that it generates and the jurisdiction and competence of the courts to which said acts of commerce would be subject.

An example of this is when an individual needs to acquire a car, making the purchase at a car dealership. For the person who buys the car it is a civil act. This is because it is not for profit and is an isolated act.

For the company that sold the good it is an act of commerce. This is because it received a profit, it acted as a mediator between the assembler and the end customer. In addition, the act is classified as massive, because this sale is only one of the many that it carries out monthly.

References

1. Wikipedia (2018). Trade act. Taken from: es.wikipedia.org.
2. Hilda López (2014). The acts of commerce. Commercial law. Taken from: derechomercantilunivia.wordpress.com.
3. Venezuelan law (2018). The commercial code. The commercial register. Concept. Documents subject to registration. Effects. Taken from: Derechovenezolano.wordpress.com.
4. Investopedia (2018). Economic Profit (Or Loss). Taken from: investopedia.com.
5. Commercial Legislation (2015). History of the act of commerce. Taken from: legislacionmercantilven.wordpress.com.
6. Uninotas (2018). Characteristics of acts of commerce. Taken from: uninotas.net.