Monday, May 24, 2010

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MERCHANTS: TRADE PUBLIC RECORD

* Right to Name: Name civil rights of people and trade name, property law.
* A competition: linked to the right to free exercise of economic activity and the protection of consumers.
Competition may be perfect and imperfect, and can recognize in the latter's monopoly, oligopoly, etc..
* Limitation of Liability: general principle: "each person carries a heritage" Exceptions: in limited liability companies.
* Organization of a working community, through the contract.
* Organize assets.
* Advertise activities, through the propaganda.
* Request the formation of the bankruptcy.
CONCURRENCE: rivalry that arises between two or more producers who wish to dispose of items of the same class, or between consumers quepretenden obtain products of the same species.

UNFAIR COMPETITION: 22,262 LAW: define "typical behavior", requires a procedure to suppress these behaviors (administrative) and includes the figure of "abuse of dominant position."

OCCASIONAL TRADE AGENTS:
Art 87 of the C. Trade established which are auxiliary and subject to commercial law:
+ Runners
+ The auctioneers
+ The Warehousemen and managers of houses of deposits +
factors or managers and trade dependent
+ transport entrepreneurs, carriers or porters.

Rating:
- assistants who work as employees (internal and external)
- autonomous assistants covered by the Commercial Code, special laws

subordinates Agents Internal: - Factor or charge-dependent
The Subordinate External Agents, "The traveling salesman
Autonomous Agents: regulated normally in the C. Trade," Brokers, 25028/73-Martilleros law, law 25028 / 73-Warehousemen and homeowners deposit-carrier or carrier
Covered by Special Laws: Stockbrokers, 17.811.Despachante Customs law, insurance law advisor 22.415.Productor

Friday, May 21, 2010

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Concept according Fontanarrosa:
is an office to register important facts for the normal development of trade.
Etcheverry: is an office seating, registrations and registrations of the trade and information or documents relating to companies or traders.

Functions:
a-judicial administrative
b-

Effects of registration:
External and Internal who can be declarative, constituent or confirmatory.

Documents to apply: Commercial Code Article 36

proceed to registration deadline: article 39 and 40 Commercial Code

Thursday, May 20, 2010

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EVIDENTIARY VALUE

Requirements to have probative special
1 - bring them under certain formalities
2 - Using a lawsuit against another trader
3 - Using a fact concerning the trade of the owner of the books

Admissibility of evidence:
The adversary's own books, you can not take the seats that favor and discard the others, but which must accept all entries relating to topics about point.

Several assumptions:
* dispute between merchants :
a-if both are books in accordance with law and the seats are the same: there is conclusive evidence
b-if both are books according to law, but the seats are only one: they only affected by fully test and conclusive evidence against it.
c-if both are books in law, but their seats are contradictory to be without this evidence and adduced.
d-only one of them carrying books according to law, and the other not: the faith that leads deserves and prevail over the others.

* dispute between a merchant and a non-trader:
always tested against the trader, but have no probative value in their favor, even as the beginning of written evidence only supported as a principle of evidence or legal presumption or indication and relative. It has no probative value special.

* dispute between 3:
are acceptable as evidence, its effectiveness will be a document of 3 º or a witness.

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General Principle: art -------S ecret 57 trade books. Exceptions
established by law:
internal revenue to-
b-Procedures for collecting and monitoring
c-d exchange control
d-monopoly Enforcement
e-
supply labor laws f-g-
control of certain activities.

At the request of interested person:
A partial-display or representation, means of proof at trial ordered on demand or automatically d as a way to be helpful.

Background: community seats, are common to who makes them and who controlled it.
Alcence: seats only clearly identified. The judge determines skill points.
Location: desk or home owner's books (articles 58 to 60)
Subjects: is done by experts, may make the judge or scretario. Is made in the presence of the owner of the books. The owner must be a part, you can not force a 3 rd to display their books, unless they are involved in operations of 3 ° as brokers, agents, brokers, auctioneers.
If landlord refuses: may be ordered against their will, but not required to exhibit sr.

B-general display or communication:
Cases where applicable: Article 58 is limited to
- includes the display of all records and all documentation.
- can not ex officio, except at the request of anyone interested in it.
- do not require legal proceedings may be pre-litigation procedure.
Subject: it shows the person concerned personally advised if desired.
If the owner refuses, you can sr compelled by force

Friday, May 7, 2010

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BOOKS DISPLAY ELECTRONIC COMMERCE ARTICLE 7

Definitions:
- "Is the use of computer and telecommunications technologies that takes place between companies or between sellers and buyers, to support trade in goods and services .
- "It is the application of advanced information technology to increase efficiency in business relationships between trading partners." (Automotive Action Group in North America)

can say that electronic commerce is characterized by the exchange of goods and services over the Internet, as payment using electronic means such as credit cards and debit .
Electronic commerce can be understood as any form of commercial transaction in which the parties interact electronically rather than the traditional way with physical exchanges or direct physical treatment. It is a modern business methodology that detects the need for companies, traders and consumers to reduce costs and improve the quality of goods and services and improve delivery time of goods or services.

(material supplied by Matthew Alcala commercial student 1)

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inc

called unilateral mixed commercial and mislabeled by some authors (Acts are civil or commercial).
serves to determine the applicable law in cases where "if an act is a commercial for one of the parties, all contracting parties are because of it subject to commercial law."
Not all those who perform acts of commerce are traders.

As it can be said to be an act of commerce merchant to apply the law, if the law declared business objectives when commerciality is presumed that the act is a single commercial parties.

Exceptions:
- those provisions relating to persons of traders.
- those relating to the contractor for whom the act is of commercial nature.

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6,7,8,9,10 and 11 of Article 8 C. Trade

Insurance: 17,418 law
art 1: There insurance contract when the insurer is obliged by a premium or contribution, to compensate for damage or perform the service agreed if the predicted event occurs.
's marketability arises because it is a typical act

intermediary companies:
are commercial under the same code because are formed regardless of the nature of the act are to be performed, the commercial is given in the contract company (rosemary) giving rise to an organizational form as the statutory rates provided by law
19550
Inc 7: establishing the commerciality of all actions relating to maritime navigation by 20,094 law including commercial means of acts preparatory to it, repairs, supplies, etc. Includes air navigation by analogy.

Inc 8: factors act on behalf of the principal, so are their representatives. That is, the trader will act porque es él quien lo realiza. Romero considera al inciso como si estuviese de más.

Inc 9: si se relaciona con el art 5 apartado 2 del C.Comercio el inciso 9 sobraría (regulan misma situación), por otra parte todo lo relacionado con el salario, contratos de trabajos en general es regulado por la Ley de Contrato de Trabajo 20.744.

Inc10: todos los instrumentos mencionados obtienen la comercialidad del acto por concexión (por lo que debe ser demostrado en cada caso)

Inc 11: "los demás actos de comercio especialmente legislados in this Code, considered commercial acts lgislativamente built to code, those not mentioned in it, to the special laws unincorporated post code being