What is commercial law?

What is commercial law? This branch of law is understood as the set of norms that regulate legal relations that arise in the course of carrying out activities related to commerce in Russia. When disclosing this concept, it is necessary to determine what specifically is meant when talking about this type of activity and social relations appearing in its process.

What is commercial law?

First of all, it is worth paying attention to the fact that commercial activity is a special, specific type of activity that is carried out within the property relations between citizens and organizations. Property relations are those that can be evaluated in terms of value. First of all, such relations are market ones, which presuppose a paid exchange of goods and services, and also are related to the development and use of intellectual property. But nevertheless it is necessary to consider: the commercial law assumes, that the sphere of the relations connected with property, is much wider, than a sphere of commercial communications. In this situation, the first and second relate as a general and private, that is, all commercial relations have a property nature, but not every of the property relations are commercial.

Thus, commercial law has the main features of property relations, and on the other hand - its specific features. First of all, these relations are always associated with the extraction of property benefits. And this profit is obtained only through the implementation of organized and carrying a specific goal of action.

Types of relations under commercial law

A commercial activity is understood as a well-organized activity that is carried out within the limits of property relations and is directly aimed at extracting the maximum benefit. Accordingly, the commercial relations that constitute the subject of this branch of law are the relationships between the subjects of activity of merchants.

Commercial relations are entrepreneurial and non-entrepreneurial. Under the entrepreneurial relationship is understood as an independent activity with certain risks. It is aimed at the systematic extraction of profits from the use of property, the sale of goods, the performance of various types of work or the provision of services.

Subjects of commercial law

Only those entities that have the special permission to trade at the professional level, or whose charters trade is one of the tasks, can participate in trade. These subjects are legal entities, individual entrepreneurs, as well as special subjects. In commercial law, it is not supposed that individuals act as subjects.

Sources of commercial law

The legislation on commerce is the sum of normative acts. They contain the norms of the law of various industries, which regulate business.