act of commerce

To facilitate understanding of act of commerce, it is necessary to review certain concepts. In principle, the notion of act it can refer to an action or a celebration. The Commerce, on the other hand, it is linked to the activity that people carry out with the aim of obtaining certain goods that they cannot produce by themselves; For this, it is necessary to interact with the respective producers and reach an agreement (exchange of goods for money).

Finally, a merchant is any person who has the ability to exercise the act of mediator between various producers; This mediation is his profession and he assumes in it the responsibility generated by the relationship with each of his customers. In this task, the trader receives some profit.

That said we can define as act of commerce, to something belonging to the field legal that refers to the acquisition that is made, through the completion of a payment, a product or the Rights on it, with the aim of obtaining a later profit. This profit may arise from the same state that the product had at the time of purchase or from some transformation that modified its value.

The legal use of the concept of commercial act applies to the furniture thingsIn other words, those that can be mobilized without their structure changing; its counterpart, real estate, are buildings or land.

The act of commerce, in short, is the legal act that distinguishes between cases that enter the orbit of the commercial law and those of the branch civil There are, anyway, mixed acts (with a double character).

The regulation of commercial acts depends on the regulations in force in each country. These rules are in charge of establishing the scope, capacity and competence of said acts, according to the corresponding procedures.

Different commercial acts

Many classifications can be established within commercial activities, they are made based on various criteria, which can be:

* Public or private: if the people involved in the act are taken into account. If it is carried out with direct control of the State, it will be public; otherwise it will be privateThis does not mean that the State does not ensure the rights of each of the parties, but rather that it has no interests in said operation;

* River, land, sea or air: according to the means that the merchant uses to transport the product and the type of communication that exists between the parties;

* Wholesale or retail: depending on the volume of the product. For example: the trader who has a food business buys in bulk from a supplier (wholesale) and then sells in small quantities to individuals (retail);

* Cash or credit: if the payment method with which the exchange is made is taken into account. If the buyer pays with money or check it is said that he pays in cash (the payment is made instantly) and if he does it with a credit card or promissory note, it will be on credit (the payment will be made at the end of the month);

* Lawful or illegal: according to the degree of observance of current trade laws. If they are not respected, it is said to be illegal and if they do, it will be a lawful commercial act;

* Import or export: with respect to the place of origin of the product, whether from national or foreign territory;

* Free or monopoly: if one takes into account the number of bidders in the market. If there is only one supplier, then we will be facing an act of monopoly; if there are many merchants offering the same product and competing in the market, it is said to be a free commercial act.

It is important that the participants in a commercial act have full capacity to carry out said commerce; it can be known if the law and its observance in the exchange are taken into account. In addition, according to the category in which it is being sold, the characteristic requirements of that sector must be taken into account.