The Colombian legal system provides, despite its predominant objective, a statute about the occupation of merchant. However, confirms the objective criterion about this concept, which states that traders who are professionally involved in commercial activities. On the contrary, traders do not consider those who run commercial activities so unusual.
ARTICLE 10. TRADE - Concept - QUALITY. Are business people who professionally are engaged in any activity that the law considers commercial. The quality of merchant acquiring while commercial activity is exercised through an agent, broker or an intermediary.
This definition can clearly extract the key elements that the Code had in mind to label people, precisely because of those elements were categorized as traders:
- Conducting an activity on a professional basis. Historically, people have been dealing with a commercial activity have specialized in the activity, point to develop special skills in their field to develop a step beyond the ordinary experience of any subject.
- usual. This means that trade can not be exercised on a casual or temporary, but it requires more or less continuous realization of marketing activities. Not that this activity is required daily, can be periodic, ie a repeating pattern, as opposed to a merely transient activity.
- The execution of business activities. Reaffirms the objective test that prevails in the Commercial Code, in the sense that a merchant is a person who engages in commercial activities, a contrario, it will not be who do not perform such activities but civil, and complete them permanently and professionally. Eg a doctor, an engineer, who despite performing its activities on a permanent and professional, do not run commercial activities. Similarly a trader who buys a house for his own room and not to exercise of its activity, that activity does becomes commercial for itself.
IMPLEMENTATION OF THE COMMERCIAL RULES OF NON-COMMERCIAL TRANSACTIONS MERCHANTS. Article 11. People occasionally running business operations are not considered traders, but will be subject to trade rules in respect of these operations.
If a person performs occasionally classified as commercial activities, ie continuous or discontinuous but not regular, that person does not acquire the quality of merchant for that fact. However acts running business will be subject to trade rules. Such is the case of a person who participates as a partner in a company, because its activity is reputed commercial business rules apply, however given that its contribution is purely accidental and probably sporadic in itself is not a merchant. Otherwise each member should register individually as a merchant and this does not happen in practical life. If a person buys and sells sneakers to make a profit, this may be a commercial act (buy for consideration to sell wholesale value) but does the individual trader
ARTICLE 12. Enabling and disabling PEOPLE FOR TRADE PRACTICE. Any person under the common law has the capacity to contract and bind, is able to engage in commerce, which under those same laws are incapable, are unqualified to perform commercial acts.
enabled The lower age can exercise freely trade and dispose of or encumber, in its development, all kinds of goods.
Minors are not eligible age who are 18 years and have professional peculio can engage in commerce and to commit itself to developing the concurrence of the expense.
Adult minors can, with permission from their legal representatives, to engage in commercial activities on behalf or on behalf of others and under the direction and responsibility for them.
* * Act 27 of 1977, published in Official Gazette No. 34,902 of November 4, 1977, established the age of majority at 18, 340 Article of Civil Code granted the qualification as to age from 18. In this sense repealed the authorization of age.
ASSUMPTIONS OF EXERCISE OF TRADE.
Article 13 sets out a series of legal presumption (rebuttable), suggesting that a person pursues trade:
1) When entered in the commercial register;
2) When you open business establishment, and
3) When you advertise to the public as a trader by any means.
DISABILITIES AND DISABILITIES FOR THE EXERCISE OF TRADE .
ARTICLE 14. PEOPLE INABILITY TO USE THE TRADE. Are unfit to engage in commerce, either directly or through another person:
1) traders declared bankruptcy , until they obtain their rehabilitation, this provision was expressly repealed by Article 242 of Law 222 1995. At present, the insolvency of traders, is governed by this standard, we law 550 of 1999 for companies undergoing restructuring during its term and now, by the insolvency law 1116 of 2006.
2) officials and semi-official entities for commercial activities relevant to their functions.
For semiofficial entities must be understood according to law 489 of 1998 (by which it determines the organizational structure of state), those in which the state has an interest as a mixed economy companies (literal f) Article 38.
3) Other persons who by law or court decision prohibiting the exercise of commercial activities.
If the particular trade or business activity is exercised by unqualified person, it shall be punished with consecutive fines of up to fifty thousand dollars be imposed by the civil judge circuit address of the offender, ex officio or upon request of any person, subject to the penalties established by special rules.
This standard applies to persons who by court order can not carry on trade. Such is the case of penalties in sentencing for crimes against property, public faith, the national economy, industry and trade, or smuggling, competition unfair infringement on industrial property rights and free check writing against deposit or account closed, shall be imposed as penalty, the prohibition to engage in commerce from two to ten years. (Art. 16 C. Co.).
DISABILITIES NOTICE OF THE CHAMBER OF COMMERCE . (Art. 15).
The merchant who takes possession of a position that disqualification for the exercise of trade, communicate to the respective chamber through a copy of minutes or taking of possession or a certificate of the officer before whom he met diligence, within ten days of the date hereof.
The possessed evidence of the compliance of this obligation, within twenty days of possession to the official who made the appointment, certified by the Chamber of Commerce, under penalty of losing office or employment.
QUALITY LOSS OF MERCHANT FOR DISABILITIES supervening . (Art. 17)
will be lost as a merchant by the failure or inability to supervening the course of trade.
Annulments INABILITY TO USE FOR TRADE . (Art. 18) The nullification from lack of capacity to engage in commerce, shall be declared and may be corrected as provided in the common law, without prejudice to special provisions of this Code.
OBLIGATIONS OF DEALERS. It is the duty of every trader:
1) Enroll in the commercial register;
2) Enroll in the commercial register all deeds, books and documents on which the law requires that formality
3) Take regular accounts of their business according to legal requirements;
4) Store in accordance with the law, correspondence and other documents relating to its business or activities
5) Report to the competent judge to cease the current payment of commercial obligations and
6 ) Refrain from acts of unfair competition (Law 256/96).
0 comments:
Post a Comment