Chapter 2. LEGAL MECHANISM OF COMMERCIAL ACTIVITY. SUBJECTS OF COMMERCIAL LAW
2.1. Categories of commercial law
The main categories of commercial law are:
o subject of commercial law;
o principles of commercial law;
o method of legal regulation in commercial law;
o sources of commercial law;
o system of commercial law;
o objects of commercial legal relations;
o subjects of commercial legal relations.
These categories together form a more complex category - a legal mechanism for regulating business activities.
Subject of commercial law
The subject of commercial disposition is real commercial relations, i.e., relations for the sale and purchase of objects of commercial turnover (including rights to use property), which are formed between business entities and directly aimed at obtaining profit or other benefits. Another subject of commercial law is non-commercial relations concerning commercial activities between business entities on the one hand and federal, regional and local authorities and authorities on the other.
As shown in Chapter 1, the business activities of enterprises are differentiated:
1) for the object of sale (production factors necessary for the production process, manufactured goods and technologies, free production assets, free cash and paper assets );
2) for the role that the company plays in the buying and selling process (in some cases, it acts as a buyer, in others - as a seller);
3) by the nature of the change in ownership (ownership passes to another person - sale, purchase, ownership does not transfer to another person - renting, leasing)/p>
4) by the nature of the benefits of the transaction: direct profit (sales of manufactured goods and technologies, performance of work and services), creating conditions for profit in (purchase of factors of production and innovations), reduction of production costs (sale or lease of free assets), capitalization of free funds (investment in securities and projects).
The markets on which commercial activity is carried out are also diverse. They can be differentiated:
1) by product type (markets: consumer goods, factors of production, production assets, securities);
2) by nationality (domestic market, external market);
3) for the rights (benefits) of market participants (free economic zones, free trade zones, offshore zones).
A wide variety of commercial activities stipulate an adequate variety of legal regulations governing this activity.
At the same time, commercial activity of enterprises is only an integral part of production and economic activities. And its success depends in a decisive way on the capacity of the enterprise (mainly on the profit potential). In turn, the future potential of the enterprise depends on the results of commercial activity - profit, which is the main source of investment in the development of production. Therefore, there is a single production and commercial process, the relations of the subjects of which are regulated by economic and commercial law. The boundaries between business law and commercial are to some extent conditional. Thus, for example, product certification standards established by international acts of the US State Standard define the conformity of the quality of the goods to the established requirements and can be considered as norms regulating commercial activity (it is impossible to sell goods that do not have a certificate of conformity). But on the other hand, these norms determine the requirements for the organization of production, testing of manufactured products, as well as for a product quality management system that goes beyond commercial activities.
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