In the field of right , is called code to the set of orderly and systematic legal norms that regulate, in a unitary way, a certain subject. In the case of Commercial Code , it is the set of rules and precepts that regulate the commercial relations between different individuals or companies of the same territory.
Trade codes emerged with the Illustration to order the commercial activity. The development of Commerce has generated that, at present, commercial law is regulated both by the commercial code and by other special laws through a decoding process.
Historians believe that the first code of commerce was developed in France in 1807 and approved by Napoleon Bonaparte . The objective of the French authorities was to regulate marketable securities, the formation of companies, the stock market, bankruptcies, banking law, insurance and creditors' contests, among other issues. Although in that first code there were managements on the part of the current government to take advantage of the work of the rest of the citizens, it was fundamental so that afterwards said code was analyzed and offered one where the fundamental objective is to offer a free and fair space for the commercial exchange; although in practice it does not become quite like that.
The trade code is part of the private right , in its branch dedicated to commercial relations. The rules are intended to adapt to the dynamics of economic relations.
It is important to keep in mind that the right word, from Latin directum, it means "What is in accordance with the rule" . The commercial code, like the rest of the legal norms, is inspired by postulates of Justice and supposes a normative and institutional order that regulates human behavior (in this case, the behavior linked to trade).
The right is imperative (imposes a duty of conduct), attributive (has the power to demand compliance with the imperative) and bilateral (a subject that is not the affected one is empowered to demand compliance with the norm).
Spain and the Commercial Code
In Spain the Commercial Code was established in the nineteenth century, more precisely in the year 1885, to put an end to the disorder that prevailed in terms of trade in the peninsular territory and to adapt to the new trends that were already coming to life and security in other countries such as France and England. In any case, the way in which it was written leaves a free margin for the variations that could take place, taking into account the flow of economic activities of each period.
In this country the Code is composed of a series of rules and precepts that all those who are exercising in the commercial field must keep at the time of establishing relations of this type with the rest of the merchants or buyers.
In case it is not yet clear, the purpose of creating a code of this magnitude lies in the need to ensure a fair society and regulate all aspects related to human behavior in the commercial aspect. The rules that compose it have been rigorously analyzed and drafted with special care, in order to prevent certain potholes that allow illicit businesses that have not been contemplated by law; It should be noted that, despite this, there are many possibilities that have not been contemplated and where individuals try to circumvent the laws.
Finally we will say that the commercial acts regulated by this code are the purchase of products for resale or rent, the operations of change or barter and the transactions made by companies that have an industrial or commercial character.