Business Law I

SUMMARY:

1. Background of this paper .- 2. History of Business Law .- 3. Character of commercial law .- 4. Definition .- 5. Main branch of corporate law .- 6. Parts of commercial law .- 6.1. General .- Part 6.2. Special Part .- 7. Obligations of traders .- 7.1. Paying tribute .- 7.2. Be registered in the ruc .- 7.3. Ledgers .- 7.4. Books of forms .- 8. Branches of commercial law .- 8.1. Corporate .- 8.2. Cartular or exchange .- 8.3. Bankruptcy .- 8.4. Securities .- 8.5. Commercial contract .- 8.6. Commercial Registry .- 8.7. Telecommunications .- 8.8. Trademark .- 8.9. Industrial .- 8.10. Banking .- 8.11. international trade .-

1. BACKGROUND OF THIS WORK

It is an opportunity to review the key research papers that serve as a background to this research. The main background to this work titled commercial law, are the work of Ulysses Montoya Manfredi, Rodrigo Uria, Francis Galgano and Joaquin Garrigues. Therefore it is an issue that has been treated by the doctrine and consequently makes it easy to research.

2. HISTORY OF THE LAW OF

It is necessary in this office to review the history of commercial law, so then we will study it. Commercial law appears in the middle ages, making it clear that in the ancient Roman law did not exist the same. This branch of private law is an important milestone French law, which is therefore the French Commercial Code, Spanish and Peruvian trade codes.

3. CHARACTER OF THE LAW OF

Is a need to be revised based on this character of commercial law. The character of commercial law are the following: a professional rights, is an individual right, it is a customary right is a right and a right progressive global / international. That is, this branch of private law has its own characters, which should be studied to get a complete picture of the branch of law research.

4. DEFINITION

Commercial law is the special branch of private law which regulates commercial activity result is the activity of traders. Before there were problems in the Peruvian state in the implementation of certain trade rules because there were rules of commercial law and civil law on the same topic, but this has been abandoned by the side with the partial unification of private law in the Peruvian state, the This has allowed a more agile and commercial traffic in this particular procurement.

5. MAIN BRANCH BUSINESS LAW

Commercial law is the principal branch of business law is clear therefore that we can not put it aside, and the same occurs within the corporate law.

6. PARTS OF THE LAW OF

6.1. GENERAL PART

The general study of business law to the merchant, commercial transactions, trade, among other things, so every lawyer must master the same, in order to have broader approach to the subject matter of study. This part of commercial law has been neglected by most lawyers, therefore it is necessary to study.

6.2. SPECIAL PART

The special part of commercial law covers this branch hence we affirm that portion of this body of law governing studies and corporate law, carturlar or exchange, stock market, formerly known as bankruptcy bankruptcy law, telecommunications, trademark of international trade and other branches of commercial law themselves.

7. OBLIGATIONS OF TRADERS

7.1. PAY TAXES

Traders are required to pay the following taxes: operating license, income tax, general sales tax, excise tax, among others, however, it is clear that many of these taxes especially the latter only taxed activities of large companies.

7.2. Be registered in the RUC

Traders are required to register with Unique Contribution by Sunat therefore that registration is compulsory for all traders, regardless of the type of business or if it is or not registered in the register of legal persons charge of the registry offices. In this sense it is for our records to distinguish two different as they are the only record of taxpayers by Sunat and the other is the registration of legal persons in charge of the registry offices, therefore we can only differentiate avoid confusion and so we can better understand trade performance.

7.3. Ledger

Traders in some cases required to keep books of accounts as are the record of purchases, sales ledger, general ledger, general ledger, cash, among others, ie, inhibit the activity of the traders, even if this obligation is only for large companies, because stresses the activity of these even if that information is important for preparing financial statements.

7.4. BOOKS FORMS

Traders are required to keep books of workers payroll and wages, therefore it is clear that as not all companies have workers is clear that not all must carry these books, which is necessary to note that positive law should be amended Peruvian market agility allow it where it joins the offer and demand. It is also necessary to note that only workers on the payroll are not those who have entered into a civil contract service location. Thus for our purposes it is very clearly differentiate these two concepts in order to have a clearer idea of ​​the subject matter of study.

8. BRANCHES OF COMMERCIAL LAW

8.1. CORPORATE

Corporate law is the branch of business law, corporate, private and commercial that regulates and examines contracts societies and associations. That is, this body of law such as corporate or company law is very important for trade, making it clear that all lawyers should know and master it, and if not dominates, there is a risk of ignoring key issues of law. Issues such as the incorporation of companies or shares of stock, corporation, Class of constitution, kinds of companies, board members, call, dissolution, liquidation, termination, among others, are unique to this branch of law therefore has much importance and there are many lawyers devoted to its study, therefore it is clear that it should be spread, to make known and mastered it.

8.2. Cartular OR EXCHANGE

The right cartular or exchange law is the branch of business law, corporate, private and commercial who studies and regulates the securities, as well as the endorsement regulates issues, protest, classes of securities, securities, stock exchange, among others. In this sense we can say that this branch of law is very useful in trade and therefore should not be overlooked their study at universities and among them especially in the faculties of law, that is, if not studied this branch of law runs the risk of knowing the right part, as a lawyer must master all these issues and, if known or dominates the branch of law in question is clearly better known our rights. Check Cashing cartular law must be mastered equally to endorse securities and to rotate, ie it is a very important branch of law to social reality.

8.3. BANKRUPTCY

The bankruptcy law is the branch of corporate law, corporate, public and commercial to study and regulate insolvency, bankruptcy, bankruptcy, the privileges of it, among other subjects of vital importance.

8.4. STOCK MARKET

The securities law is the branch of business law, corporate, private and commercial who studies and regulates the stock market, stock market or capital market and the Conasev therefore it is clear that this branch of law is especially important in what is corporate law, as this issue is little discussed within the non-corporate business law.

8.5. COMMERCIAL CONTRACT

The commercial contract law is the branch of contract law, business, corporate and private and commercial studies that regulates and commercial contracts, an issue that is essential to master all corporate lawyer, dedicated to business activity and trade or business is therefore clear that few Lawyers dominate this topic.

8.6. COMMERCIAL REGISTRY

The commercial registry law is the branch of business law, corporate, commercial and public activity regulates and examines the registration of the national superintendent of public records in the case of Peru, as well as other topics such as advertising registry, that is, a very neglected by the trade or business lawyers, corporate and dedicated to business activity.

8.7. TELECOMMUNICATIONS

The telecommunications law is the branch of corporate law, corporate, commercial and private study and thus regulates teldefonìa branch of law is a little studied by the writers.

8.8. TRADEMARK

Trademark law is the branch of business law, corporate, commercial and private studies that regulates and makes therefore a branch which is of vital importance to those who specialize in proceedings before the Indecopi.

8.9. INDUSTRIAL

The industrial law is the branch of corporate law, corporate, commercial and private industries regulated and studies, as well as industrial parks is therefore clear that few lawyers know this area of ​​law. For some authors the right not part industrial commercial or mercantile law, which we record in order to provide a broader approach of the subject matter of study.

8.10. BANKING

The right bank is the branch of business law, corporate, private and commercial that regulates and examines banks and financial institutions, like the activity of the National Banking and Insurance.

8.11. INTERNATIONAL TRADE

The international trade law is the branch of corporate law, corporate, commercial and private that regulates and examines the exchange of goods and services to people located in different states, making it clear that if the vendor is in Peru and the buyer in France or Spain or China, this is a course in international trade, which makes the market to grow because there are as many economic agents.

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