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The Commercial Laws Sources
The Commercial Laws Sources
The Commercial Laws Sources
Are the origin of a norm or disposition of commerce, a norm is considered of comercial nature
when have obligatorily caracter in a legal framework, and regules the behaviors in which the
Commercial Law. The commercial law source par excellence is the mercantile legislation, a law
can be considered to be of a commercial nature when the legislator has granted it that quality
and when the matter in question is in that category, by virtue of provisions of commercial
matters.
-Commercial Code.
Formal Sources:
-The Law. Commercial Law is Positive Law, regulated by provisions of a normative nature. It is a
branch of Common Private Law, so in the case of the absence of a specific rule and it being
impossible to apply analogically a provision of the Mercantile Law itself to fill a gap, common
law, which in this case is civil law.
-The Jurisprudence. It is an interpretation of the law and is carried out by the jurisdictional
bodies. It is not a source of law, as established by the Civil Code, but it serves as interpretative
support. Given the professional nature of judges and magistrates, jurisprudence is consensually
considered to be the largest interpretative source of positive law in case of a gap, although
formally it is not a source.