Relationship of Commercial Law
Uploaded by
ScribdTranslationsRelationship of Commercial Law
Uploaded by
ScribdTranslationsRELATIONSHIP OF COMMERCIAL LAW
It is a branch of private law that contains a set of legal norms.
that regulates the acts of commerce legally established to merchants in
his professional practice.
TAX LAW
It relates to commercial law because individual businesses
limited liability and companies are required to pay taxes. The rules of
tax law is necessary to apply for the Unique Registration of
Taxpayers to determine in which income tax category they are located
each society, each individual limited liability company and each
natural person. It is also necessary to take into account the tax regulations for
determine the amount to be paid for each tax that is applicable to the
society, the individual limited liability company or the natural person
that acts as a tax debtor.
CRIMINAL LAW
It is related to commercial law because it is a set of rules and
legal provisions that regulate the exercise of sanctioning and preventive power
of the State, establishing the concept of crime as a prerequisite for action
state, as well as the responsibility of the active subject, and associating with the infringement
of a norm a final penalty or a security measure. This is why if in
at some point a breach related to commerce, the law occurs
The penal system is responsible for sanctioning these actions in the manner deemed appropriate.
adequate.
Commercial law is related to criminal law because some
provisions of the Penal Code are of special importance for the law
commercial like the rules that provide for and sanction improper issuance of
checks and other crimes.
Finding for example in title IX (Crimes against public order (article
234 Speculation, 25 Adulteration among others)
CRIMINAL PROCEDURAL LAW
Commercial law is related to criminal procedural law for the
processing of the undue checks issuance processes and other processes
criminals needing the Code of Criminal Procedure
CIVIL LAW
Commercial law is related to civil law because some
provisions of the Civil Code are necessary for commercial law. For
for example, Article I of the Preliminary Title is applicable to commercial law in the
what regulates the rules for the repeal of norms. The Civil Code also
it is necessary to take into account for the effects of payment in contracts that
1
celebrate the company, individual limited liability company or trader
and the same happens to take into account the effects of the contributions. The Civil Code
It is also necessary for the constitution of real rights by the society.
limited liability sole proprietorship or natural person or rights
assets established in favor of the company, individual enterprise, or natural person.
CIVIL PROCEDURAL LAW
Commercial law is related to civil procedural law because it is
It is necessary to take into account the Civil Procedural Code and the Organic Law of the Power.
Judicial for the processing of the processes established in the General Law of
Companies and the Law of Securities
CONSTITUTIONAL LAW
Commercial law is related to constitutional law because article
Article 71 of the Peruvian political constitution of 1993 establishes that regarding the
property, foreigners, whether natural or legal persons, are in the same
condition that Peruvians, without being able to invoke any exception in any case nor
diplomatic protection. The second paragraph of the same article states that
within fifty kilometers of the borders, foreigners cannot
to acquire or possess, by any title, mines, lands, forests, waters, fuels
neither energy sources, directly nor indirectly, individually nor collectively,
under the penalty of losing, to the benefit of the State, the right thus acquired. It
except for the case of public necessity expressly declared by decree
supreme approved by the Council of Ministers in accordance with the law.
Article 71: Regarding property, foreigners, whether natural persons
or legal entities are in the same condition as Peruvians, so that, in the event
no one can invoke exception or diplomatic protection. However, within
fifty kilometers from the borders, foreigners cannot acquire either
to own, by any title, mines, lands, forests, waters, fuels, or sources
of energy, directly or indirectly, individually or in partnership, under penalty of
lose, to the benefit of the State, the right thus acquired. The case of exception is
public necessity expressly declared by supreme decree approved by the
Council of Ministers in accordance with the law.
ADMINISTRATIVE LAW
With ADMINISTRATIVE LAW, since the modern State intervenes
increasingly in private commercial activity, issuing provisions for
regular and control the exercise of commerce, and as examples we can cite the
the enactment of the competition defense law, the enactment of the law for the defense of
consumer or the establishment of minimum or maximum prices.
2
PRIVATE INTERNATIONAL LAW
With private international law, since currently the relationships
international trade is becoming increasingly complex. Thus, the
countries are holding international conventions that contain clauses that
they regulate certain phenomena, such as distance contracts or common use
of negotiable documents between different countries.
Labor Law
With labor law, which is evident if we take into account that the Code
The Commercial Code contains a whole chapter related to the employment contract entered into
between the merchant patron and his dependents
Registry Law
Commercial law is related to registration law because it is necessary.
take into account the Regulation ofRecordof Societies of 2001 for the
registration of the Societies and for the registration of contributions in favor of the
societies.
The same happens when applying for the registration of theCompaniesIndividuals of
Limited Liability. It is also necessary to take into account the rules.
registry for the registration of the registrable real guarantees that secure the
issuance ofobligations.
NOTARIAL LAW
Commercial law is related to notarial law because for
theconstitutionforwritingpublic of Societies or Individual Enterprises of
Limited Liability must take into account the Notary Law.
It is also necessary to take into account the Notary Law for processing
the protests of the securities subject to protest, according to articles 75
to article 77 of the Notary Law.