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11 Cards in this Set
- Front
- Back
2
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The commercial law relates to traders and to acts of trade
done by any person, even though not a trader. |
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3
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In commercial matters, the commercial law shall apply:
Provided that where no provision is made in such law, the usages of trade or, in the absence of such usages, the civil law shall apply. |
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4
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The term "trader" means any person who, by profession,
exercises acts of trade in his own name, and includes any commercial partnership. |
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5
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(a) any purchase of movable effects for the object of reselling or letting them, whether in their natural state or after being worked or manufactured; any sale or lease of movable effects, in their natural state or after being worked or manufactured, when the purchase thereof has been made with the object of re-selling or letting such effects;
(b) any banking transaction; (c) any transaction relating to bills of exchange; (d) any time-bargain in securities; (e) any transaction relating to commercial partnerships or to shares in such partnerships; (f) any transaction relating to vessels and navigation; (g) any undertaking relating to supplies, manufacture, construction, carriage, insurance, deposits, public entertainment and advertising; (h) any purchase and any re-sale of immovable property, when made with the object of commercial speculation, and any building enterprise; (i) any transaction ancillary to or connected with any of the above acts. |
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6
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Obligations arising from collision of vessels, assistance or
salvage in case of wreck, stranding or abandonment, from jettison or average are likewise commercial matters. |
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7
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Every act of a trader shall be deemed to be an act of trade,
unless from the act itself it appears that it is extraneous to trade. |
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8
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Any person capable of contracting, may trade, unless the
law precludes him from carrying on trade. |
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9
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A minor who has attained the age of sixteen years, may
trade and shall be deemed to be a major with regard to obligations contracted by him for purposes of trade, if - (a) he has previously been authorized to that effect by the parent to whose authority he is subject, by means of a public deed registered in the Civil Court, First Hall; or, where both parents are dead, interdicted or absent, he has been authorized by the judge of the Civil Court, First Hall; and (b) a summary of the deed of authorization or of the decree aforementioned has been published by means of a notice in the Exchange, in the Government Gazette and in another newspaper. |
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10
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Minors who are traders authorized as aforesaid can by
reason of their trade charge, hypothecate and even alienate their property, without any of the formalities prescribed by the civil law. |
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11
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The provisions of articles 9 and 10 shall apply to minors
not being traders, with respect to acts declared to be acts of trade. |
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12
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(1) The authority granted to a minor by the parent vested with parental authority to carry on trade may, at any time, be revoked by the parent exercising such authority by means of a public deed duly served on the minor.
(2) The deed of revocation shall be registered in the Civil Court, First Hall, and published by means of a notice in the Exchange, in the Government Gazette and in another newspaper. (3) Such revocation shall in no case injuriously affect the rights acquired by a third party, even in regard to transactions which are still in the course of negotiation. |