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Milestones:
* Machining, invention of the machine (S XVIII)
* Mass production (continuous line mounting: Henry Ford)

* Automation * Autonomous

Business Concept:

- Literally: Initiative planned and organized.

-Economic: Organization of inputs.

-Technical-Legal: A set of legal relationships that creates its existence and functioning.

DEFINITION:

organization is technical - economic factors of production, with an inherent risk, which was established in order to produce goods and services for change and the speculative profit profit.

Is introduced in the legal field:

* For tax law, as a production unit

* For labor law: economic unit where activities at work.

Importance of Business: Economic

: organize productive factors

Finance: develops and polarized capital to productive function

Technique: solve the problems of production processes. Social

: production Bulk goods will satisfy collective needs.

Policies: exists in any kind of ideology. Legal

: changes in the legal contract.

CURRENT IMPORTANCE OF THE COMPANY :

* Crisis of the principle of autonomy (standardization of production and recruitment).

* Contracts in series or in mass contracts.

DIFFERENCE WITH THE TRADITIONAL CONTRACT CONTRACT

TRADITIONAL
- being equal discuss and determine the content of the contract. Both
-contracting, face to face made the contract.

MODERN CONTRACT - Pre disposing develops unilaterally the terms and the weakest part can only accept or not. "There
depersonalization, the consumer is an anonymous, a key.

MAJOR CONTRACTS IN MASS:

1 - For membership strict sense: a provision which, by reference to general conditions or the inclusion of certain clauses, is pre made by one of the parties and No amendment is accepted by all.

2 - Necessary accession or Cont. needed: in addition to the above characteristics of the pre disposing holds a monopoly or oligopoly of the service provided and the adhesive is in a state of necessity.

3 - Contract Contract type or form, preprinted forms are used, is a kind contracts of adhesion.

4 - Contract history:

A-Preliminary contract: the one that forces one or both parties to conclude another contract, which has the predetermined content in it.

B-regulatory contract: the one by which the parties will predispose the clauses in another contract further, which may or may not develop.

C-Contract management: here the parties dictate standards or cancellation clauses or make policies without giving them compulsory.

Organización Empresaria:

*Empresario y colaboradores= factores - empleados

*Capital y patrimonio de la empresa

*Localización espacial:sede, establecimiento,sucursal,filial.

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ANALYSIS OF ART COMPANY. 8

Inc. 1 y 2: Legislan actos de comercio naturales porque hay intermediación y lucro.
“adquisición”: más amplia que “compra” (incluye cesión, locación, sociedad, permuta).
Significa incorporación de una cosa al patrimonio de una persona.
“a título consideration "must be economic considerations between the parties.
Excluded: * original ownership, adverse possession, accession, etc.. * The facts
body work or
* intellectual crop husbandry.
* gratis, legacy, gift, inheritance, loan.

"thing": everything that is in the comercio.Comprende both materials and the intangible things, which may have value.

"furniture": remain including goodwill, energy (electrical, magnetic, etc.), human work energy or work itself, as a commodity, as a result of economic value. Finally is composed of public or private instruments depicted on movables, dchos.reales, dchos.personales

MERCHANTABILITY OF THE PROPERTY.
From the legislative perspective (art 8 452 inc inc 1 and 2).
From the standpoint of jurisprudence:
a) No trade: the sale of property although
make an SA, an LLC or is done with the purpose of speculation
, professionally or in business.
b) are considered commercial:

"The acts of brokerage and real estate auction.
"The acquisition of materials to build and profit from the sale of land and buildings.
-The purchase of properties to demolish them then to cut it down a forest, a mine materials because they are
furniture acquirer).
-Buying a property thing, for moral accession to the seller, but for the furniture buyer who intends to profit from their sale. Properties for accession
-physical or moral, to prepare or facilitate the exercise of trade by the purchaser.
A mortgage that guarantees a commercial transaction.

From the doctrinal point of view we have:
Arguments against incorporation:
1 - They have no social impact
2 - No moving
3-Its transmission requires formalities

Arguments:
do not physically fit, but legal . Also
require some furniture.

"or right on it" also includes personal (eg the location).
"to profit from their sale": must be speculative mood. Requirements
this spirit: contemporary to the acquisition, main and determining manifest (known or knowable).

"or after you give it a greater or lesser value" More value: value industrialización.Menor process: The process of fractionation.

Article 8, inc 3: All operations of exchange, bank, brokerage and auction. The change could be: manual or often would mean the exchange of one currency for another of different species in which at least one of them is not legal tender.

When profits from the nominal value of the currency is no change, when profits from the sale value is intrinsic.

trayecticio Change or distance: is delivery by a third by value promised or delivered for a sum of money to the contractor.

For some, inc. 3 is other because the manual would be covered by the inc. 1 and trayecticio at 4.

Review: No profits from the intrinsic value but always nominal.No exchange contract means a bill of exchange.

Bank: refers to the "operation" is objective in its commerciality (no matter the subject Bank).

bank Operation: is that by which somebody borrows money to credit, with the intention to speculate on his availability, and then provides those in need, would be covered by an act of commerce LEGAL AND NATURAL

BROKERAGE: is the intermediary between supply and demand, which tends to lead to a rapprochement between the parties, to facilitate the conclusion of direct contracts between the stakeholders, making a profit (commission).

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SYSTEMS FOR DETERMINING THE ACT OF TRADE LAW ROLLS 2

1 System definition: it happens in
concept or definition of commercial transaction and
interpreter (judge) is determines whether an act falls
not there.
2 System enumeration or enunciation:
is to list what acts or
relations are considered commercial.
can be:
a) exhaustive enumeration (Belgian law)
Background: it is dangerous to leave it to judicial discretion the framework of certain acts non-commercial.
b) declarative or illustrative Enunciation (Bill Argentina).
Background: how hard changing and dynamic commercial law.

STANDARDS SUBJECT TO
• Art 8: List of acts of trade objectives.
• Art. 5, paragraph 2: Presumption of commerciality of the acts of traders (rebuttable).
• Article 6: Confirmation of the objective nature of the system.
• Section 7: Acts of mixed trading.
CHARACTER LIST: a) public policy
b) declarative or demonstrative.

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SUBJECT:
* traders: normal commercial transactions. * Non-commercial
: Incidental commercial transactions.

EVOLUTION OF THE CONCEPT OF TRADE ACT
1.Teoría subjective: it was made by traders. 2.Edicto
Turgot of 1776 trade act intended objective review. French 3.Código
1807. 4.Doctrinas
seeking the concept of an objective trading:
a) The creation of the legislature or of discretion.
b) Profit.
c) Circulation of wealth.
d) Repetition of acts
e) business.
f) intermediation.

IMPORTANCE OF ACTS OF COMMERCE
I. confer with their repetition (natural commercial acts) the quality of merchants. II.Determinan
applicable law. III.Determinan
doctrine and principles.
IV.Determinan the jurisdiction.

CLASSIFICATION

* Natural: those who are in their essence and nature.
* Legal: those who trade the law states the general interest of trade.
Objectives: the law says and regardless of the subject who performs.
* Subjective: the law says commercial transactions, taking into account the quality of people merchant who make it.
* Mixed: those who are trading for one of the parties.
* Main: enter the commercial sphere for themselves.
Accessories: enter the commercial sphere as complementary, secure or access to major commercial transactions.
* Absolute: free trade are considered proof to the contrary.
* Related: commercial are considered until proven otherwise.

CONCEPT OF TRADE ACT OF RATIONAL CRITERIA
: Is each of the acts of direct or indirect mediation to promote, facilitate or make changes, to obtain a specific profit on the difference existing values \u200b\u200binstead. LEGAL STANDARD
means any act which, while not commercial by nature to fall within the commercial law, either because of the persons or entities who carry out, or because of the general interest of commerce.

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BACKGROUND OF OUR TRADE LAWS. SOURCES OF COMMERCIAL LAW

COLONIAL PERIOD: Before the establishment of the Consulate of BA:
* Digest Laws of the Indies.
* European laws and ordinances Castilla.Cédulas real. Creating
Consulate BA:
* Ordinances of Bilbao.
* Laws of the Indies.
* Laws of Castile.
* actual ballots.

EMANCIPATION PERIOD:
XIII Assembly of the year *
Martin Rodriguez * Government: Bags
Rivadavia * Government: Cases of trade, commercial courts, commercial transactions.
* English Code (1829)

PERIOD OF ORGANIZATION:
1859 - Commercial Code to Bs 1869-
Civil Code.
Segovia 1873-Draft.
1859 - present Commercial Code.

COMMERCIAL CODE:
-Background of the Commercial Code of 1859:
English Code (1829). French Code (1807).
Dutch Code (1838). German Doctrine on foreign exchange. Uruguayan Civil Code on Civil.
-Code 1889:
Sources: Project 1873. Project 1987. Modern Obario.Códigos Reviews: Italian and Portuguese. Fuentes
confessed: English law, Chilean, German, French authors doctrine (especially Masse).

Reformed Party:
Cheques, bags, checking, mortgage naval bearer, SRL, bankruptcy, commercial transactions, fees, sources of commercial law, transport.
CRITICAL JUDGEMENT:
A) Pro: Deleted overlapping civil and commercial laws. Modernized aspects.
B) Unfavorable: Pruning incomplete in some excessive arts.y otros.Nació old: not considered doctrine, congresses and modern laws.

METHOD:
PRELIMINARY TITLE. 4lbs
"OF THE PEOPLE TRADE.
-OF COMMERCIAL CONTRACTS.
-RIGHTS AND OBLIGATIONS RESULTING FROM THE NAVIGATION.
-OF BANKRUPTCY.

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1 - THE LAW:

binding legal standard imposed by State authority through their bodies, designed to regulate the commercial field, there are two categories:

1-Those only regulate commercial matters.

2-Those that apply specifically trade, but that analogy reglan civil relations.

Civil laws are no formal sources of commercial law .

COMMERCIAL LAW:

Commercial Code which incorporates more legislation (warrants, contests, trading companies, auctioneers, etc.) and legislation that incorporates but is not reform your items (bags and markets, checks, contract termination commercial).

commercial law also consists of special laws (eg patents and trademarks).

2-THE CUSTOM:

observation is consistent and uniform rules of practice by members of a social community, with the conviction to answer a legal necessity.

CHARACTERS:

-Uniformity

-Frequency-Generalitat

Constancia

-Accomplished with need conviction.

Value Habit: Art 17 DC Code Art 1 and 207. Com. Art 217 and 218 inc 6 (cost.interpretativa) Art 219 (COST.O Integrative)

3 - JURISPRUDENCE:

Personality Theory

4 - Doctrine .

5 - OTHER : Analogy-Principles-Contracts (Article 1197) terms and

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ARGUMENTS FOR AND AGAINST THE UNIFICATION. UNIFICATION

• commercial law is a law class.
class not because anyone can engage in the activity.
• Difficult to law enforcement (not easily discriminate discipline applies in each case).
In law there are no absolute divisions.
• Difficult to exercise the rights, differences of competence and organization of institutions.
In most jurisdictions the competition is unified (there are civil and commercial courts).
• impeding the right, leading to casuistry and losing the general principles.
difficult not right.
• Unification is possible (Code of Turkey, Switzerland and England).
In most cases, unification is unified only general principles, remaining separate subjects in full.
OPINION THE CHAIR: unification is desirable common materials (eg obligations and contracts) but it is better not to hinder separation characteristics of commercial law (including progressivity and universality

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OTHER CIVIL AND COMMERCIAL POSIBILIDADES-

* Unify charters civil and commercial to have unity of opinion.

* inclusive of law rules.

* Multidisciplinary treatment in a single law.

* Fusion of laws or codes of various standards.

unify private law (Code Italiano 1949)

Unify

obligations and contracts. Unify

economic relations in a code

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ELEMENTOS CARACTERIZANTES DEL COMERCIO

* Profit (art. 218 inc 5)
* Intermediary (directly or indirectly) Credit

* * * Security Readiness

* Good Faith
commercial law can be studied according to a subjective or objective concecpción.

COMMERCIAL. CONCEPT:
is the legal discipline that studies the principles and standards applied to
1 º) relations arising from the trade as specific activity and
2 º) the operation of commercial institutions.

CHARACTERS OF COMMERCE:
CLASSIC: a) Universal.b) Consuetudinario.c) Progresivo.d) Fair.
MODERN: a) Expansión.b) Dispersion or disgregación.c) Marketing civil.d law) Integración.e) Publicización delderecho.

RELATIONS WITH OTHER BRANCHES OF LAW :
1) With the Constitutional RH
2) In Administrative RH
3) In Fiscal RH
4) In RH Civil
RELATIONS CIVIL :
a) Theory of Self
b) Theory of Exceptional
c) Theory of the Specialty

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EVOLUCIÓN DEL COMERCIO:


Stage 1: Swap based on the value of use.
2 nd Stage: Barter as the exchange or exchange value estimate.
3 º STEP: The appearance of the coin-dealer-sales contributing factors:
banks
* * *
insurance papers.
4 º STEP: Birth of Commercial Law (Middle Ages)
a- Fairs and Markets
b-Corporate
c-Constitution
d-Jurisdiction consular

5 º STEP: Coding
1-French Code
2-Code Argentino:

* sources * * Ref.posteriores
parts
6 º STEP: Revol.Indust.y Technology (Company)
TRADE ALTERNATIVE APPROACHES
1-Social
2 - Economic
3-Legal

CONCEPT OF COMMERCE:
"human activity is resulting in direct or indirect mediation between supply and demand to promote, facilitate or make changes in order to obtain a specific gain on the difference of values instead. "

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UNIDAD 3- SUJETOS DE LAS RELACIONES MERCANTILES-

1-THE INDIVIDUAL DEALERS: concept and requirements common to all legales.Capacidad.Obligaciones comerciantes.Matrícula
2-PUBLIC REGISTRY OF COMMERCE: facultades.Otros organización.Funciones and records related to the subject mercantil.Organismo comptroller.
3-ACCOUNTING: exigidos.Formalidades.Valor trade books probatorio.Exhibición partial and general (differences)
4-RIGHTS OF THE TRADE: concurrencia.Limitaciones.La free trade and competition: the statutory scheme.
5-Auxiliary: corredores.Martilleros.Factores and employees.
6-STOCK AND STOCK MARKETS: concept, economic and social diferencias.Función bags and bags mercaods.Sistemas of organización.Operaciones: concept and clases.Agentes bag.

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UNIDAD 2- LA MATERIA MERCANTIL

1-ACTS OF COMMERCE: caracterización.Concepto criteria proposed for rational and legal. Classification. Analysis of article 8 of the Commercial Code: nature of list
2-ACTS OF COMMERCE: art. 8 inc 1,2,3 (Forex trading and banking, brokerage and auction)
3-ACTS OF COMMERCE FOR PROVISION OF LAW: Article 8 inc 4,5,6,7,9,10 (credit cards)
4-ACTS OF COMMERCE FOR CONNECTION: art.8 inc8, 10 (bond and pledge) art, second paragraph
5-ACTS OF UNILATERAL TRADE OR COMMERCIAL MIXED: Article 7 of the Commercial Code
6-ACTS OF TRADE NOT LISTED: Article 8 inc 11. Issues raised in the doctrine and jurisprudence.
7-COMPANY: concepts. Legal aspect of the company. Current importance of Mercantil.Su law firm organization: the employer and its employees. 8-COMPANY
INDIVIDUAL LIMITED LIABILITY: background. Inconvenientes.Necesidad advantages and its regulation. 9-E-COMMERCE
. 10-
GOODWILL: concepto.Naturaleza jurídica.Elementos static and dynamic. Assets that are not background elements of trade.
TRANSFER OF GOODWILL: 11,867 law, purpose and analysis of legislation.
11-EMPRESA, GOODWILL AND COMMERCIAL: conceptual differences.