Derecho Mercantil

Lawyer

BUSINESS LAW

T

his Law Firm of Alicante has a great experience in Commercial Law, having provided over these years an important service to our clients not only through advice but defending their interests at Courts and Tribunals throughout Spain.

This is one of the branches of Law that is more updated and that is undergoing changes, motivated by the special object that deals with this matter and its constant evolution.

When we refer to Commercial Law the first thing that comes to our mind is the word market and this is because of its origin, since ‘market’ was the public place where the products were exchanged and ‘commercial’ is the right that regulates the commercial operations carried out in the legal traffic.

Reality has gone further and this branch of law has been expanding from the initial exchanges of merchants to the present where everything related to industrial property and unfair competition has been included.

The objective of Commercial Law can be defined in many ways but synthetically it can be said that it is the regulatory system or systems that regulate the market activity and the performance of its economic operators.

Great importance has the regulation of securities, bills of exchange, checks and promissory notes, as own means of payment in transactions of a commercial nature, in this sector that has its own regulation, as the banking law does and not the  insurance companies.

The regulations regarding insurance companies and contracts with these aforesaid companies are also a matter of much conflict in the Courts and Tribunals.

Within this branch of law the regulation of the participating individuals, that can be both natural persons and legal entities, is essential, being the regulation of capital firms, known as Ltd. and Co. above all, subject of regulation and treatment in that branch. We cannot forget limited partnerships by shares.

Of course important is the very significant group of contractual figures that has a properly mercantile nature such as the commercial purchase agreement; the mediation and intermediation contract, the commission contract and the agency contract, banking contract, the insurance policy, the factoring contract, the merchandising contract and many more that differ from those of a civil nature although they have a common base and many others that are specific to commercial law.

We cannot end this brief comment without mentioning a regulated figure in this branch of the law, which is that of bankruptcy. Regulated by Law 22/2003, of July 9th, this is one of the most sensitive figures with the greatest economic consequence, affecting entrepreneurs in their vast majority in a situation of momentary lack of liquidity and the need to obtain an agreement with its creditors whose purpose is to save the company, an agreement that must be made within a legal process with the greatest guarantees for all the parties.

 

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