A act of commerce It is the action of being able to negotiate an exchange of goods or services for profit. This commercial action may or may not be carried out by merchants, generating the circulation of wealth or its speculation..
For example, a company dedicated to the production of vegetables sells its products to the residents of the nearest town, but also to a supermarket in another town. Here an act of commerce is carried out in which the agricultural company (merchant) profits at the expense of the neighbors (not merchants) and the supermarket (merchant).
This activity arises from the need, from the legal point of view, to differentiate those purely civil actions from those that have interference in the commercial field, where they are stipulated and regulated.
The objective of the commercial acts is to obtain an economic benefit, which will materialize at the same time the property is disposed of, once it is canceled by the buyer according to the agreed terms. These acts are carried out within the current legal regulations, with characteristics of the laws of each country..
The term commerce is often used as a synonym for the act of commerce, but there is a difference between these. The exchanges of goods in commerce are legal acts that may be regulated by civil or commercial law, while every commercial act is qualified as commercial by law..
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Trade acts have the following characteristics:
This refers to the fact that acts of commerce are the product of the actions of individuals in a conscious, free and discerning way, having the same consequences for the law..
Mediation is a commercial activity carried out by people in order to exchange goods and services, carried out through the work of other people.
When an individual trades the product in an entrepreneurial way, where other people are involved, he becomes a commercial mediator between the production and the commercialization of the article..
This characteristic is not restricted only to the concept of exchanging products or services with each other, or for a national or international currency..
The concept extends to all the operations and commercial acts of the commercial process, such as obtaining credits, recovering the invested capital, and marketing, among others..
Every act of commerce is linked to profit, which implies obtaining profits, dividends or compensatory profits from the commercial activity carried out.
Said commercial activity has the purpose of covering the costs applied to the production, the creation or contribution to the reserve fund, the return of the invested capital, the expansion of the company, etc..
Commercial acts must be legally binding. Any act is lawful insofar as it is not against any legal norm, nor does it harm third parties in any way, nor morals and good customs..
For this, it is not necessary for the law to expressly classify the acts as lawful or not, it is enough that it is not prohibited in it..
It is essential that they be voluntary, for which they must be carried out with intention, discernment and freedom. If one of these elements is missing, it will be classified as involuntary.
Every act of commerce must be governed by a set of rules contemplated in Commercial Law, which is what regulates the exercise of commerce..
This branch of law legislates taking into account the needs of those involved in the act: the buyer, who receives the product from the merchant, and the seller, who organizes the marketing process of the same..
The celebration of commercial acts may entail the collection of taxes, which are mandatory income imposed by the State, demanded by the public administration as a result of a fact that the law links with the duty to contribute..
They are those whose nature is purely commercial, being established in the Commercial Code the different acts considered commercial by law. The parties involved may or may not be traders.
Here are some examples that are considered objective acts of trade in an absolute sense:
- The purchase and sale of a commercial establishment, its shares or shares of the mercantile company. The action of buying and selling the set of goods organized by the merchant to carry out his commercial activity, is clearly a commercial act, it cannot be of a different nature.
In the same way it would happen if a lease of the same was made, since the fact of the contract is governed by a purely commercial thing.
- Acts related to exchange instruments, except for any exception contemplated by law. The creation of these instruments constitutes an act of commerce, because a change takes place at the same time, automatically leading to the circulation of wealth..
Among these exchange instruments are the bills of exchange, the check and the promissory note. The latter is not considered an act of trade when it comes from non-traders.
The legal system needs to delimit the commercial matter. Therefore, it establishes that this type of commercial act is restricted to that carried out by merchants, thus leaving their acts subject to the law and commercial jurisdiction..
However, there are exceptions in which the actions of a merchant are not considered subjective acts. They are between them:
- Buying a house to give to your mother.
- The acquisition of school supplies to be donated to an institution.
- Lending money to a friend to pay medical fees.
In these cases, although all are carried out by a merchant, the ultimate goal is not profit. Profit is a relevant aspect to be classified as an act of commerce.
Most of the commercial acts are unilaterally mercantile. This means that this relationship corresponds only to one of the parties involved..
In this case, the civil and commercial nature allowed by law could coexist. However, the Commercial Code establishes that it must be governed by commercial law.
However, this could lead to conflicts regarding the obligations that it generates and the jurisdiction and competence of the courts to which said acts of commerce would be subject..
An example of this is when an individual needs to acquire a car, making the purchase at a car dealership. For the person who buys the car it is a civil act. This is because it is not for profit and is an isolated act.
For the company that sold the good it is an act of commerce. This is because it received a profit, it acted as a mediator between the assembler and the end customer. In addition, the act is classified as massive, because this sale is only one of the many that it carries out monthly.
It refers to all housing that is negotiated between two parties. In this act, the owner (who sells) obtains benefits from the property, the product of speculation..
Purchase a new vehicle through a dealer. In this case, the intermediary is the one who receives a profit.
Sale of used vehicle. It can occur in countries where vehicles do not depreciate when used; therefore, whoever sells the vehicle makes a speculative profit.
It refers to the acquisition of the portion of a company as an investment, to receive dividends from the profits obtained by said company on the rise.
This sale refers to whoever sells a rising share after having acquired it at a lower price.
It is about any property that decides to rent to receive a financial sum for a specified time..
The stores that are dedicated to renting suits and party dresses, obtaining economic income for this purpose.
It refers to the opening of accounts, time deposits, among other activities that can generate monetary compensation as a return on investment..
Includes the acquisition of white goods, brown lines, furniture or waxes for the home or office, whether they are new or used..
It is linked to technicians who offer their services for the repair and maintenance of office or home equipment.
For example, maintenance of air conditioners, refrigerators, photocopiers, among others.
The acquisition of televisions, cell phones, among others, which are later sold at a higher cost than the acquisition cost..
The sale of land for a cost higher than the acquisition cost.
It is about the collection of the rent of a commercial premises where a business or office is established.
It is the acquisition of bonds issued by the government of any country, in which the profits and the reliability of the country guarantee the future profitability of the investment made..
It refers to any private company that is dedicated to the transport of passengers, cargo or vehicles, either for tourism or commercial purposes..
For example, a cruise ship, ferry service, tourist transport companies, among others that provide a service whose payment enters the funds of a private person and does not receive a subsidy from the State..
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