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11 Cards in this Set

  • Front
  • Back
2
The commercial law relates to traders and to acts of trade
done by any person, even though not a trader.
3
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.
4
The term "trader" means any person who, by profession,
exercises acts of trade in his own name, and includes any
commercial partnership.
5
(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.
6
Obligations arising from collision of vessels, assistance or
salvage in case of wreck, stranding or abandonment, from jettison or average are likewise commercial matters.
7
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.
8
Any person capable of contracting, may trade, unless the
law precludes him from carrying on trade.
9
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.
10
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.
11
The provisions of articles 9 and 10 shall apply to minors
not being traders, with respect to acts declared to be acts of trade.
12
(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.