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Коммерческое право. Предмет, метод и принципы коммерческого права (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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1. SUBJECT, METHOD AND PRINCIPLES OF COMMERCIAL LAW

Commercial Law is a complex institution of civil law, consisting of legal norms governing trade relations in the field of business.

Commercial law is based on the same methods of regulation and principles as civil law.

Civil law regulates property and related non-property relations.

The subject regulation of commercial law is trading activity (traffic) as a type of entrepreneurial activity to promote goods from manufacturers through wholesale and retail trade organizations to consumers on the basis of civil law transactions. Merchandising includes delivery, transportation of goods, loading and unloading operations, storage of goods, acquisition of the trade assortment, sorting, packaging, preparation of goods for sale, retail sales. These operations in their totality form interconnected links in the technological chain of commodity circulation.

The movement of goods from the sphere of production to the retail trade network takes place in two forms: transit and warehouse. Under in transit This form of commodity circulation is understood when goods from the sphere of production are sent to retail organizations, bypassing the warehouses of wholesale organizations. The warehouse form of commodity circulation is characterized by various links, including the wholesale warehouse link, intermediary organizations, the sales floor of the store, etc.

In this way, commodity market is a set of relations formed by the movement of goods.

method legal regulation of any branch of law is a set of techniques and ways of influencing relations regulated by this branch.

Commercial law is characterized by the following principles:

1. The principle of economic freedom.

2. The principle of recognition of diversity and legal equality of private, state, municipal and other forms of property and their equal protection.

3. The principle of a single economic space.

4. The principle of maintaining competition.

5. The principle of balancing the private interests of entrepreneurs and the public interests of the state and society as a whole.

6. The principle of systematic profit making.

7. The principle of legality.

8. The principle of initiative and integrity of the entrepreneur.

9. The principle of freedom of contract.

10. The principle of information security.

11. The principle of protecting the rights and interests of an entrepreneur.

>> Forward: Trade Law

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