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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.