And in the absence of a provision of the Commercial Code or a commercial habit, the Civil Code is applicable to such acts, which in these cases is considered a complementary rule to Article 4.3 of the Civil Code. Thus, if all commercial contracts concluded in the Commercial Code itself, in articles 50 and following. of the said Code and in other similar contracts, are commercial acts, the analogy is that for their application it must be appreciated that it may be a case in which there is no express provision in the Commercial Code, but which, on the contrary, preserves an identity of reason with another, which, if regulated, will allow, in each specific case and by analogy, which must be applied with moderation and weighting, to establish that the court finds that a case that is not regulated as a commercial act in the Commercial Code is considered as such by maintaining the analogy with another regulated case. Article 20 of the Commercial Code stipulates that the content of the register is presumed to be correct and valid by providing in Article 21 of the same legal text that acts subject to registration are accessible to third parties in good faith only from their publication in the Official Journal of the Commercial Register, and that the good faith of the third party is presumed until it is proved that the actor subject to registration and not registered in was aware. Commercial law is defined as the set of legal rules that govern persons, relationships, actions and things related to trade. It was also excluded from giving a scientific definition of these and opted for a practical formula to cover all previously known commercial acts and contracts expressly regulated by the Commercial Code. In Argentina, the Commercial Code does not give a definition of a commercial act, but simply lists a number of acts that must be considered commercial. On the other hand, the purchase of goods intended for the use or consumption of the trader or his family is not considered a commercial act. These legal acts or transactions are legal acts or transactions carried out by natural or legal persons who are or are not traders and which are contained in the Commercial Code of 1885 and others of a similar nature.
Commercial acts are legal acts that are committed by natural or legal persons, whether traders or not, and that produce legal effects regulated by law. For this reason, commercial acts can be defined as any action performed by a person or company by which he succeeds in finally achieving the purchase of a good or service by paying a sum of money agreed by the person or company selling the product or service. A commercial act is a legal figure whose purpose is to distinguish the field of action of commercial law from civil law. However, by introducing and classifying as such the others which, although not included in the Commercial Code, may have an equivalent character to them, this means that economic operators, judges and courts may, in each individual case, introduce into the concept of commercial acts combinations or branches of activity which are produced in practice and which are already governed by the Commercial Code, since, as is apparent from Article 2 of the 1885 Code, the concept of which covers not only those expressly regulated in its wording, but also those with similar characteristics, especially since those which obtain such a concept by a global interpretation by commercial institutions, as to the merits of the status of the grantors, the object and purpose of the law do not exceed the limits of that law. In short, our legislator has departed from systems such as that of Italy, which draws up an enumerated list of what is meant by commercial transactions, because this would amount to omitting commercial transactions unknown today, but which may appear as a result of developments. Commercial transactions are legal transactions regulated by the Commercial Code and carried out by natural or legal persons, whether they are traders or not. It is an open concept in our legal system that allows the concept to be adapted to the needs of evolution and practice. The legal regulation of these acts has been defined in article 2 of the Commercial Code, which establishes a successive applicable legal order, that is, it establishes a preferential order in the determination of the applicable rules and is therefore first and foremost the commercial order itself, if there is no explicit regulation of them, secondly, it is necessary to go to the usages of commerce observed in each place. The law treats commercial acts in the same way: all construction companies and all purchases, sales and resales of ships for inland and external navigation, all maritime shipments; any purchase or sale of ship`s equipment, equipment and accessories, any chartering, leasing or lending of bulk goods, all insurance contracts and other contracts for maritime trade, all agreements and arrangements on crew wages and salaries; all the obligations of persons at sea, for the service of merchant ships. In Spain, Article 2 of the Commercial Code opts for an objectivist definition. To this end, the law provides that “commercial acts, whether or not performers are entrepreneurs and whether or not they are listed in this Code, are subject to the provisions contained therein …”. In the field of commercial contracts in which commercial acts par excellence are inserted, article 50 of the Commercial Code establishes a hierarchy in the application of the provisions relating to contracts, first of all the Commercial Code or special laws and, failing that, customary law or civil law.
although it should be borne in mind that in case of doubt in a case that cannot be resolved according to the rules provided for in Article 2 of the Commercial Code, the question must be decided in favour of the debtor, that is to say that the principle of preferential debit is enshrined by our legislator. Commercial acts are provided for in Article 20 of the Commercial Code, and it is these types of acts or acts that ultimately determine whether a legal transaction is a civil or commercial transaction, and not the status of the person. This means that no matter who interferes with the act, what determines whether an act is commercial or not is that it is regulated in this article. On the other hand, it should be borne in mind that there are currently legal systems that have uniform treatment of acts, obligations and contracts, such as the Civil Code of Switzerland and Italy, which include the regulation of companies and claims under ordinary law, the establishment of a differentiated law or regulation only for traders or entrepreneurs. In that regard, it should be noted that, on the basis of that rule, custom is introduced as a rule governing it, which is regarded as the source of the law within the meaning of Article 1 of the Civil Code.
