Commercial law is the branch of law that regulates and studies the commercial activity of companies.
1. Introduction
As the first part of this work we will carry out the introduction of the same to have a prior idea of the subject matter of study in which the company is of vital importance and also in it we will develop the characteristics of business law, business law or business law. business. Which have not been developed by the writers who are the creators of the doctrine.
In other words, company law is the same as business law and business law. This has not been dealt with by the writers. A topic of vital importance in order to take into account the correct terminology to be used. And do not be misled by non-technical comments to readers of the present who may be lawyers and law students.
And they are different from commercial law and corporate law, which we will develop in this work. However, many attorneys confuse these branches of the law, so this topic or topic cannot go unnoticed.
The law is divided into branches of law (among which we can cite public, private and social law, and within these are other branches of law such as civil, commercial, procedural, constitutional, labor, tax law, among others), within which some have appeared first as civil law and others later as business law or business law, or company law, commercial law and corporate law. These latter branches of law are not traditional but are newly created.
What we intend with this work is to present the main characteristics of business law, stating that it is synonymous with business law and that company law.
Furthermore, we must record that corporate law is part of business law and that commercial law is part of both, therefore its importance cannot be discussed, but in any case business law is more important than the other two branches of law.
The company must take into account when studying these branches of law, however, it is clear that from a certain perspective it is necessary to specify that business law is not a branch of law, but an area of law that covers various branches of law. right.
In this work we will develop the company, defining for it the same.
Then we will define business law, providing only a definition of it.
Later we will define corporate law, specifying that this legal discipline appears after business law.
In the fifth subtitle, the differences between business law and corporate law are developed.
Then in the sixth subtitle the differences between business law and commercial law are developed.
Later in the seventh subtitle we will specify the branches of business law.
In the eighth subtitle we will refer to the teaching of law, citing the multidimensional theory of law.
Then in the ninth subtitle the teaching of business law is developed.
Subsequently in the tenth subtitle it is specified that business law does exist, refuting for effect some doctrinal positions against this branch of law.
In the eleventh subtitle we develop that business law is not related to any branch of law.
Then in the twelfth subtitle, the topic entitled the characteristics of business law is developed.
In other words, this work discloses the main characteristics of business law and distinguishes it from commercial law and corporate law, noting also that business law is the same as business law and company law.
Reason why this work will be very useful for readers who may be lawyers or law students.
2. Definition of company
Before developing the law of the company, it is convenient for our purposes to define the company, thereby providing solidity in our explanation, an institution that by the way is little treated by the writers.
In other words, the company is poorly studied and little has been written about it by the writers, which is why we should dedicate ourselves to developing it.
In the subject matter of study it is important to take into account the company, which is studied by business law, business law or company law and by corporate law.
The company is the union of labor, administration and capital dedicated to satisfying a need in the market.
This is not the only definition of a company, but there are many others which can be used to study the company fully, in that sense we recommend a more in-depth study of this subject that matters to business law.
The different company definitions are classified into legal, economic, accounting and administration definitions. Therefore, before taking into account a definition, it is important to determine the type of definition in order to have a more complete approach to the company that is an economic agent in the market. The market is where supply and demand meet.
3. Definition of business law
Business law is the branch of law that regulates the business activity of companies, one of its main branches being commercial law.
Commercial law is the branch of law that regulates and studies the commercial activity of companies.
Reason why we must put on record that when defining these two branches of law are quite similar, which is necessary to specify that the definition can not find the difference but when studying the branches that comprise business law and in In any case, commercial law appears first and then business law only appears.
4. Corporate law
In the present, corporate law will also be a subject of study, for which we will refer to it below.
Corporate law is the branch of law that regulates the business activity of large companies or corporations.
This branch of law has developed very little in Peruvian law since its development has been generally within business law and in any case it is clear that corporate law appears after business law.
That is, corporate law is not the same as business law, in that sense they have some differences, which we will refer to below, in order to have a global approach to the subject matter of study and not be misled by approaches. partial.
5. Differences of business law with corporate law
When carrying out investigations, it is advisable to differentiate the branches of law that are similar in order to avoid confusion and also so that investigations are more reliable and can serve us better for our purposes.
Corporate law differs from corporate law in that the former regulates and studies only large companies, while the latter does the same with respect to all companies regardless of size or size.
In this sense, we can affirm that business law studies and regulates all companies, that is, micro companies, small companies, medium-sized companies, large companies or corporations.
However, the difference is not only the size, but also the branches of law involved, for example corporate law is characterized by encompassing stock market law, which although it is also covered by business law, but is more typical of law corporate.
6. Differences of business law with commercial law
Business law differs from commercial law in that the former encompasses the latter, in this sense commercial law is a part of corporate law.
However, few understand this difference since they study both as if they were the same, but with another name, which must be taken into account in order to warn the corresponding error, since they are not the same and even appear in different periods. of time.
In other words, they are not the same because they refer to different topics, therefore it is clear that commercial law is part of business law.
7. Branches of business law
When studying the different legal disciplines, it is convenient to also study the branches of law that comprise them or to which it covers in order to understand the importance of the branch of law that is the subject of study or mentioned.
It is in this order of ideas that we will study the branches of business law in order to have a global approach to this branch of law, which from a certain perspective is not a branch of law but an area of law.
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.
These branches of law also form corporate law, and some of commercial law.
That is, note that these branches of law cover almost all law, in this sense its importance cannot be denied since they involve an important part of it.
Business law is not the same as corporate law, but they cover the same branches of law, in that sense when studying business law we study corporate law.
One of the characteristics of business law is that it covers many branches of law, which also occurs in the case of corporate law, but not in the case of commercial law, since the latter covers few branches of law that are corporate, cartular or exchange, stock exchange, bankruptcy, telecommunications, defense of free competition, banking, insurance and reinsurance, trademark, among others.
In this sense, we can affirm that commercial law is smaller than business law and corporate law. And that the first is part of the second.
Only by studying the branches of business law can we understand its true importance.
8. Law education
Legal pedagogy is made of law (however, it is clear that pedagogy is not the same as education, and therefore, legal pedagogy is not the same as legal or legal education, therefore it is clear that they do not refer to the same) generally by universities and the multidimensional theory of law (by which the law is made up of many elements) must be taken into account, which surpasses the three-dimensional theory of law.
In other words, the law is not only legislation, nor is it legislation, values and social reality, since the law goes further.
In this sense, in educational centers, studies must be scheduled taking into account all the elements of the law.
In other words, law is not the same as positive law or legislation. Since the first encompasses the second.
Business rules are abundant, among which we can mention the law of the individual company with limited liability, the law of banks, the general law of companies, the law of securities, the general law of the bankruptcy system, the penal code, the constitution, the stock market law, the commercial code, the income tax law, the state business law, among others.
That is, they are not all business rules, but we quote them in order to take into account that they are abundant and that they deserve to be studied by jurists.
However, we must repeat that they are only part of the law, since, as stated, the law is not the same as positive law or legislation.
In this sense, studying these norms, although it is true we will be able to know some parts of the law, it is also true that it implies a very limited knowledge, since it leaves aside the executory, jurisprudence, doctrine, general principles of law, social reality and the expression of will, Among other sources of law, that is, these are not all sources of law, but we record them to get an idea of those.
9. Teaching of business law
At the time of studying any legal discipline or branch of law, the teaching of it must also be studied, in order to have a global or complete approach to the subject and not be misled by partial approaches that are properly not very serious approaches.
It is important to take into account the teaching of business law, which is why we will refer to it below.
Business law is generally taught in our environment at the master's level, so in undergraduate these subjects are hardly touched, however, it is clear that in these subjects the University of Lima is distinguished in dictating business law at the undergraduate level.
This branch of law should be studied at the service of economic agents, and should reduce transaction costs (which includes information costs, negotiation costs, costs of concluding a contract, costs of constituting a guarantee, costs of granting a legal act that is not a contract, such as wills and the powers and costs of fulfilling a contract), so if it does not do so, it must be modified or replaced.
A doctorate in business law was recently organized in Lima by a Spanish university, which is of vital importance to specialize in business law.
In other words, the pedagogy of business law is done not only through master's degrees, but also through doctorates in business law, which constitutes a facility to specialize in this branch of law that is not the same as corporate law. Since the latter is part of business law.
10. Business law if it exists
Every legal discipline or theory or method has its detractors and it is in this order of ideas that business law has its detractors, which we will refer to below in order to have a global approach to the subject matter of study that constitutes business law, law of business or company law.
In the present work we want to provide knowledge from all possible approaches, including from the approach of the detractors of business law, who specify that it does not exist since it is only a set of branches of law.
However, it is clear that this characteristic also has the public, private, social, civil law, procedural law and commercial law, in this sense we can not take it into account and we must leave it aside.
Law has several branches, within which from a certain point of view we can classify business law, for which some consider that this branch of law does not exist, however, it is clear that this statement is not serious and unfortunate, since the same if it exists, and is even autonomous.
Therefore, before studying a text, we must take into account its seriousness and not be misled by documents that have not deserved a complete study of the subject.
11. Business law is not related to any branch of law
The different legal disciplines are characterized by relating to other branches of law.
It is this sense that commercial law (this branch of law is made up of corporate, postal or exchange, bankruptcy, stock exchange, telecommunications, international trade, banking, insurance and reinsurance, trademark, defense of free competition, among others, that is, it also covers other branches of law, however, the topic does not only constitute the study of commercial law, which is why we do not want to dedicate many lines to this topic or more properly topical, but in any case it is clear that the Commercial law is not related to these branches of law but encompasses them, for which reason we must distinguish the branches of law that it covers or understands with those that it is related to, since they constitute two groups of branches of law that refer to different topics). relates to the notarial, registry right,constitutional, civil, procedural, among others.
The same occurs in the case of civil law (this branch of law covers persons, legal act, family, real, obligations, contracts or sources of obligations, international private law, registry, among others) that is related to commercial law, civil, constitutional, corporate, cartular, bankruptcy, among others.
That is, it is normal that the branches of law are related to others, however, this is only the general rule and therefore has exceptions such as business law that does not relate to other branches of law but covers them, which constitutes a characteristic that must be carefully taken into account by law scholars and students.
We noted this characteristic of business law in our first book published on the subject entitled business law, that is, it has been little taken into account by the writers.
However, little by little it will be taken into account by them.
And in any case, the characteristics of business law and corporate law cannot be ignored.
12. Characteristics of business law
It is a very important subject to study the characteristics of the branch of law that concerns us, which is why we will dedicate a few lines to the study of them. Without which the present work cannot be completed or fully finished, since this is claimed by the social reality that is also a source of law, consequently it is clear that the importance of a branch of law can not only be seen by studying the branches of law that cover but also studying its characteristics.
It is a neglected topic the characteristics of business law, which justifies its study in order to allow a greater domain of this branch of law, consequently we will develop them without neglecting the study of commercial law and corporate law.
All branches of law have characteristics, which is why in this office it is appropriate to study the same of business law, in order to have a complete idea or notion of the subject studied or more properly branch of law studied.
Reason why below we will study the characteristics of this branch or area of law.
We will resort to citing characteristics of other branches of law such as corporate law and commercial law, which are very important in this work.
And so to have a complete idea of the subject matter of study in which not only legal but also economic issues are combined, so to study business and corporate law it is necessary to study economics (especially microeconomics and economic analysis of law, areas of knowledge that are part of business law and corporate law), if we want to have a global approach to the subject matter of study.
Business law has the following characteristics:
In this sense, business law is not related to commercial law but covers it. The same happens with business law and the other branches of it.
Commercial law, for its part, is not related to corporate, postal or exchange law, bankruptcy, stock exchange, telecommunications, banking, trademark, defense of free competition, among other branches that are part of commercial law.
In this sense, it is necessary to take this characteristic into account in order to have a complete idea of the subject studied in this research work.
In this sense, business law includes commercial, corporate, postal or exchange, bankruptcy, stock exchange, company criminal, labor, tax, business procedural, economic constitutional, among others (this time we do not develop all branches of business law, because We have developed them previously in this same work, that is, we did not develop them because we do not want to repeat the theme already developed). The same occurs in the case of commercial law that covers corporate, postal or exchange, bankruptcy, stock exchange, telecommunications, trademark, defense of free competition, insurance and reinsurance, banking, international trade, among others. In other words, this is also a characteristic of commercial law, so we must record that it is common to both.
It is located in private law because it covers commercial and civil property law. It is located in public law because it covers tax, company criminal and business procedure. It is located in social law because it covers labor or employment law. These last two disciplines being the same.
Roman law for some is dead or non-current law, but for others it is live or current law. And for the latter, the law existing in ancient Rome can be called ancient Roman law. Commercial law and corporate law did not exist in it either. In ancient Roman law there was no procedural law, but there were some institutions of it, but instead there was civil law.
Since there are books on business law such as the works of Pinkas Flint entitled Business Law, by Daniel Echaiz Moreno entitled The Company in modern law (this author confuses modern law with contemporary law, therefore, his book should have included the word contemporary instead of modern, so as not to mislead readers (who may be lawyers or law students) and Teresa de Jesús Seijas Rengifo entitled Company Law.
These books are only some of the business law which are cited for being the best known, however there are others that develop some branches of business law such as the book by Ulises Montoya Manfredi entitled Commercial Law of which several editions have been published in Peruvian law.
In addition, another basis for qualifying business law as an autonomous discipline is that there are master's degrees and doctorates dedicated to the study of this branch of contemporary law. Like the master's degrees organized by the University of Lima, Esan, Pontificia Universidad Católica del Perú, Universidad San Martín de Porres, Universidad Nacional Federico Villareal, Universidad Católica San María de Arequipa, among others. In other words, we are dealing with a notoriously autonomous discipline, in which sense the study of said branch of law is justified.
The same applies to corporate law, which must be taken into account by lawyers dedicated to business and corporate law. It is even necessary to take into account that business law and corporate law cover all private law, among other areas, or areas of law, that is, they do not exhaust their study here.
It is necessary to take into account that these characteristics are not only of business law, but also of corporate law, consequently it is clear that when studying corporate law, we must take them into account, in order or to have a complete approach, consequently this although it has not been developed by the writers, it is necessary and appropriate to study them by the jurists who advise economic agents, merchants or businessmen.
Which are different concepts, differentiated in another venue, which is why we will not deal with those concepts that are sorely lacking in business law.
These are all the characteristics that we have allowed ourselves to extract from business law, however, it is possible to find other characteristics with which the work will be enriched. In other words, we must record that a work never ends, but only constitutes a stage in the development of law.
In this sense, the previous book by the same author of the present entitled business law for his time was a great advance, but for these times it is already set aside by this work as it is broader and more technical, consequently all work has a life and a death, which allows progress in legal progress and this occurs in all areas of knowledge such as not only law, but also other areas of knowledge such as accounting, economics, administration, marketing, reengineering, medicine, engineering, among others.
Having studied the characteristics of business law, we can only have a complete idea of this branch of law, which requires its study and development, in order to improve the legislation applicable to economic agents.
These characteristics are not studied by the writers, which is why we study them in order to provide a better understanding by the readers, who may be lawyers or law students.
By studying the characteristics of the branches of law, a discipline can be better understood, which motivates us to continue studying in order to understand the true importance of business law.
The characteristics of business law are of vital importance in order to understand its importance, which is why its study has been convenient.
Business law is characterized by having its own characteristics in this sense, the study of them is justified. Reason why we hope we have met the expectations of readers who may be lawyers or law students.
By studying the characteristics of this branch of law, we can really understand the importance of business and corporate law.
For the record that civil law first appeared, then commercial law, then business law and finally corporate law. However, it is clear that its study is difficult, which has motivated few research works.
In the development of law, legal disciplines appear little by little and become legal novelties, the same happens in the case of institutions, for example, in Peruvian law, contractual liability is a novelty. Subject on which we have only located a publication which belongs to the author of this work.
That is, the orientations change over time and the theory by which civil liability was divided into contractual and non-contractual liability is already left aside, but there are now six types of civil liability, only one of them being pre-contractual liability.
That is to say, the law is not something static, but it is dynamic and if we do not follow in its footsteps we gradually stop being lawyers, since we stop studying its new features which, incidentally, are not only legislative.
Legal developments can be legal or extralegal, as are certainly doctrinal developments, jurisprudence, enforcement, social reality, expression of will, among others.
In this sense, few lawyers become jurists, who are legal professionals with the ability to keep abreast of the latest legal developments in the doctrine and not only in legislation and also in jurisprudence and enforcement.
For example, if a lawyer stopped reading in recent years, he is unaware of what the capital market is, which is of vital importance for the development of a state and which should be studied when studying corporate finance by lawyers and economists.
In other words, some legal issues are interdisciplinary, which must be studied not only by lawyers or jurists, but also by other professionals.
