Commercial law is the branch of law that regulates and studies the commercial activity of companies.
1. Intention of the present work
All work is prepared with an intention, so it is up to this headquarters to determine what the intention is when preparing this research work.
The intention in preparing this research paper has been to offer a focus or approach on the relationship between commercial law and business law.
However, it is clear that commercial or commercial law is a traditional branch of law, unlike what happens with business law, which is a contemporary branch of law. Consequently, to study the first branch of law, we can consult many books, but to consult the second branch of law we must choose recent books that contain the new trends in law.
In addition we must add that it is a complex task since commercial law is part of business law and in this order of ideas we can affirm that it appears to be the most important branch of law within business law.
In other words, it would be like comparing the third floor of a building with the entire building, recording that in this case we are referring to the same building, which causes misunderstandings, however, we will avoid them, in order to provide reliable information for readers, be they lawyers or law students.
That is, it is not a simple task, but a complex one, since it involves comparing the same or part of the same to a certain point of view, however, it is clear that using certain approaches we will try to obtain the desired result.
2. Background of commercial law
When carrying out legal studies, it is convenient to study the background of the subject studied in order to have a complete idea of it over time, so that it can be better understood and, consequently, readers who may be jurists or law students.
Commercial law appears in history in the Middle Ages, therefore, it did not exist in ancient Roman law.
Commercial law did not exist in ancient Roman law, but in this law there are some antecedents, especially in corporate matters and in some other matters.
Today the market is unimaginable without the existence of commercial law. For example, without the existence of securities or corporate types.
The current market is also unimaginable without the existence of the stock market, banks, bankruptcy law formerly known as bankruptcy law and telecommunications law.
In other words, commercial or commercial law is currently very important and necessary for commercial traffic.
3. Background of business law
Business law appears in history in the contemporary age, therefore, it did not exist in Roman law.
Business law did not exist in ancient Roman law, but in this law the company already existed.
Today the market is unimaginable without the existence of business law. For example, without the existence of economic criminal law, or without the existence of the capital market, or telecommunications law.
The main antecedent of business law is commercial or commercial law, which must be taken into account for a more adequate command of this topic.
The inexistence of commercial law, company criminal law, tax law, labor law, regulatory law, among other branches of business law, is unimaginable in today's market.
That is, the presence of business law is very important and necessary, in that sense its existence is justified.
4. Autonomy of commercial law
When we study the different legal disciplines it is important to determine if they are autonomous disciplines.
Therefore we must specify that commercial law is an autonomous legal discipline because there are courses dedicated to the study of commercial law and also because there are legal norms that regulate this branch of law such as securities law, general company law, law of the stock market, the general law of the bankruptcy system, the law of the individual company with limited liability, the law of banks, the commercial code, among others.
However, it is clear that these rules are the most important, since the rules of commercial law are very abundant and their study is very complex.
Lawyers who specialize in business law are called commercial or commercial lawyers.
That is, commercial law is a specialty in law, however, there is also business law.
5. Autonomy of business law
When studying the different legal disciplines it is important to be able to determine if they are autonomous disciplines.
Therefore, we must specify that business law is an autonomous legal discipline because there are courses dedicated to the study of business law and also because there are legal norms that regulate this branch of law such as those indicated above and the penal code, tax and labor laws., among other.
It is also an autonomous discipline because there are master's degrees for the study of business law such as those organized by the University of Lima, Pontificia Universidad Católica del Perú, Esan, Universidad San Martín de Porres, Universidad Nacional Federico Villareal and Universidad Católica Santa María de Arequipa, among others, that is, these are not the only Peruvian universities that organize master's programs for the study of business law.
Lawyers who specialize in business law are called attorneys dedicated to business.
Corporate law is located within corporate law and lawyers dedicated to the study of this branch of law are called corporate lawyers.
Business law is quite broad and in any case it is necessary to record that it is difficult to master all this branch of law, especially that in law it is not only legislation or positive law, but also involves studying jurisprudence, enforcement, doctrine, general principles of law, social reality, manifestation of will, among others, that is, these are not all sources of law, but they are beyond the object of study of this research work.
For those who wish to expand their knowledge of the sources of law, you can consult articles by the same author of this work, in which they are developed.
Even in the law firms dedicated to the application of business and corporate law, it is handled by several lawyers, in such a way that each lawyer handles a part of the business law.
6. Branches of commercial law
Some branches of law are made up of branches of law such as procedural, business and commercial, among other branches of law.
However, it is necessary to specify that some other branches of law are not made up of branches of law such as civil procedural, criminal procedural, administrative, constitutional procedural, corporate, cartular or exchange, bankruptcy, stock exchange, competition law, among others..
The branches of commercial law are: corporate, postal or exchange law, bankruptcy, stock exchange, telecommunications, banking, trademark, insurance and reinsurance, mainly.
That is to say, although commercial law is more limited than business law, it is also true that it covers several branches of law, which is why it is not a simple branch of law and in any case the three volumes should be taken into account. from the commercial law book written by Ulises Montoya Manfredi.
7. Branches of business law
The branches of business law are: commercial, tax, company criminal, labor, tax, customs, among other branches of law, that is, business law is broader than commercial law.
The law can be divided into two branches of law that are those that are part of business law and those that are not part of it.
Taking into account that in no work all the branches of business law have been grouped below, we will do it to facilitate the study of jurists and law students.
The branches and areas that are part of business law are: civil, patrimonial, commercial, corporate, exchange or card law, stock exchange, bankruptcy formerly known as bankruptcy, labor, tax, registry, notary, company criminal law, economic constitutional, banking, cooperative, civil, customs, industrial, insurance, industrial property (patents, trademarks, among others) and competition law, trademark, social security, contractual, mining, commercial arbitration and negotiation, business contracts modern, guarantees, supervisory bodies (regulatory law), economic regulation and industrial organization, transport infrastructure, electronic commerce, transport law, corporate responsibility, telecommunications, sanitation services,economics of the electricity sector, hydrocarbons and electricity, private international law and regulation of the electricity sector.
In other words, the study of business law is quite difficult, since it involves knowing many branches of law that are located not only in private law, but also in public and social law. Consequently, if a lawyer dominates all business law, it is clear that his job opportunities increase.
In this sense, we can see that commercial or commercial law is only part of business law, making it clear that the former is less extensive than the latter.
That is, at first glance, to study business law requires little time, however, a master's degree is not enough to study all business law, in this sense there are doctorates in business law, which facilitates the study of it in a time in which we cannot deny its importance.
In addition, it is necessary to record that some lawyers specialize in practice with the application of business law and manage to master it, however, it is clear that this knowledge can be combined with courses, diplomas, masters and doctorates.
8. Location of business law
The law is divided into public, private and social law, and business law covers all private law and some branches of public and social law.
That is, business law is not located only in private, public or social law, which must be taken into account for a better understanding of the subject studied.
In this sense, for a lawyer to dominate all business law, he must dominate all private law, and part of public law and of social law, therefore, it is difficult for a single lawyer to dominate all business law.
9. Location of commercial law
Commercial or commercial law is located in private law.
Therefore, we must record that insolvency is part of commercial law but is located in public law, which must be kept in mind for a better understanding of the subject studied.
In this sense, we can affirm that some opportunities are difficult to determine the location of some branches of law, among which commercial or commercial law stands out.
10. The company
We will first review the company in ancient Roman law which will serve to determine the background of business law, company law or business law.
The company already existed in ancient Roman law, but in this law neither business law nor commercial law existed.
The company is the meeting of capital, work and management dedicated to meeting a need. This institution of business law is not the same as commerce, therefore, if a lawyer does not distinguish them, it is clear that they cannot claim to dominate business law.
The company is studied by business law, company law or business law.
The company is an economic agent that operates in the market with other economic agents that may be companies or individuals that are not companies.
Commerce is studied by commercial or commercial law.
11. The importance of business law
In any study on a branch of law it is necessary to study its importance, in order to understand its reason for being or its reason for existence, in order to have a global approach to the branch of law studied, however, from a certain perspective, business law it is not a branch of law but an area of law.
Business law is very important because it is at the service of economic agents.
In this sense, it should be legislated thinking about the advantage or facilities that must be created for companies.
In other words, business law should incentivize investments and in the event that positive business law does not incentivize them, it should be modified or replaced.
12. Primacy of business law over commercial law
Some legal disciplines prevail, that is, they have primacy over others, so it is up to this headquarters to determine whether any of the studied branches of law prevails over the other, in order to have a more complete vision of the subject studied.
Commercial law has been unable to cover all branches of law important to the company, which is why business law appears which prevails over commercial law, that is, business law is more important than commercial law.
Business law takes into account the company as agent of the law or subject thereof, therefore it is necessary to record that the company with business law acquires special importance in law and in the economy.
Even in the Peruvian State there are master's degrees destined only to study business law, but instead there are no master's degrees dedicated only to the study of commercial law. But instead there are master's degrees for the study of civil and commercial law, for which reason we can validly affirm that they are master's degrees in private law.
13. Economy
To understand some disciplines it is necessary to study other areas of human knowledge, such as business law, which does not happen in the case of commercial law, therefore, this is a notable difference between both legal disciplines.
To understand commercial law, it is not necessary to study economics, which is not the case with business law, since to study business law it is necessary to have a solid knowledge of economics or economics.
In other words, business law is more extensive and broader than commercial law, in this sense when we study the first we must take into account not only legal but also economic aspects, that is, they are interdisciplinary issues.
In this sense, to study and understand business law, it is necessary to study economic topics such as microeconomics, among others, which motivates that the books to be studied are more varied than when we study commercial law.
Even some subjects such as international trade that is studied by international trade law, is also studied by economics, in that sense it is an interdisciplinary subject.
And in any case, when studying international trade law, it is also necessary to study economics to have a complete vision to understand the subject globally or comprehensively.
Furthermore, in the economic analysis of law, which belongs to business law, economics is also necessary.
Therefore we can put on record that the economy is very important within business law and also within corporate law. For the record that corporate law is part of business law and in any case the first is the area of law for the study of large corporations.
14. Measures taken by some commercialists
When changes arise, jurists take measures to defend themselves against the same as, for example, civilians in the face of the reduction of civil law, take measures such as maintaining areas in which it is argued that it is indisputably civil law.
Therefore it corresponds in this headquarters to study the measures adopted by the commercialists or commercialists, which is to try to impose that the business law is the same as the commercial law, but with another name, which we reject, since as it is demonstrated in the present work are different disciplines that although it is true that some fields of study share, they do not constitute the same.
Some disciplines do have various names such as commercial or commercial law, business law or business law or company law.
Over time studying commercial law will be as it is now corporate law, or cartular, or bankruptcy, or stock exchange, telecommunications, banking, civil procedure, criminal procedure, civil, family, private international, constitutional procedure, that is, it will be very limited and in Any case may be taken into account in this branch of law only for study purposes and not for the application of law, which is where it is seen in a living way.
