Commercial law. Objects of commercial law (lecture notes)

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Commercial law. Objects of commercial law (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 11. Objects of commercial law

The objects of commercial law are those values, about which there are relations regulated by commercial law:

1) goods;

2) documents of title;

3) means of individualization of goods (trademark, appellation of origin of goods).

The objects of commercial law are not all goods, but only those that can be promoted from the producer to the consumer, i.e., such goods that are involved in trade. According to world practice, a number of goods are not included in the number of objects of commercial (trade) law due to the specifics of their transportation or the lack of the possibility of transporting such goods:

1) electricity;

2) warm;

3) water;

4) real estate, etc.

The procedure for the circulation of the above goods remained outside the regulation of the commercial codes of the leading world powers. These goods are excluded from the regulation of the leading international documents in the field of commercial law.

In the Russian Federation, a number of goods are withdrawn from trade and are not objects of trade (commercial) law:

1) space equipment;

2) military equipment;

3) poisons;

4) medicines, etc.

Documents of title along with goods are objects of commercial law. The owners of a document of title have the right to the goods specified in this document. The sale of title documents entails the transfer of rights to these goods. Shipping documents include:

1) warehouse receipts;

2) bill of lading;

3) waybills for the carriage of goods. Means of individualization of goods:

1) trademark;

2) service mark;

3) the name of the place of origin of the goods.

A trademark is a designation by which the goods of some economic entities differ from similar goods of other economic entities.

A service mark is a designation by which the services of some legal or natural persons differ from similar services of other legal or natural persons.

The name of the place of origin of goods is an indication in the name of the goods of the place of its production, which makes it possible to distinguish this goods from other goods.

A trademark and a service mark are registered with the Patent Office in the name of a legal or natural person engaged in entrepreneurial activity.

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