Nowadays, commercial law is recognized as an independent field of law while ceasing to be a subfield of civil law. In general, commercial law refers to entrepreneurial activity as part of economic activity, but it has already moved beyond this narrow approach. It is no coincidence that this field of law is also known as "trade law" in the countries included in the "common law" family. Commercial law - is a set of norms formed to regulate trade circulation and mutual relations between professional entrepreneurs (merchants). Even if a separate chapter called “commercial contracts” is not included in the special part of the civil law legislation, the types of contracts listed below can be attributed to commercial law:
· Realization contracts;
· Mediation contracts;
· Organizational contracts;
· Trade facilitation agreements.
Each of this classification itself has special types, which are regulated in a special part of the Civil Code: Sale-Purchase, supply, exchange, assignment, commission, consignment, franchising, etc.
In addition, the issue of registration of commercial legal entities is related to the subject of this field of law. Thus, with the "bir pəncərə" (single window) principle currently applied in our country, commercial legal entities register with the State Tax Service and obtain the status of taxpayers.
Depending on the organizational-legal form, the activities of economic societies and partnerships, and issues related to their participation in entrepreneurial and trade relations are among the issues included in commercial law. Economic companies such as LLC, OJSC, CJSC, and cooperatives created in other forms, even if in some cases, when the management is related to administrative-economic, subordination relations, are part of administrative law, they act as subjects with equal rights in contractual relations and form the basis of commercial activity.
It should also be noted that Commercial courts, which operate independently since 2019, deal with business disputes and disputes between taxpayers in accordance with the Civil Procedural Code.
Almost all trade cycles currently existing in the international world fall under the regulation of commercial law. For example, issues such as the sale and purchase, transportation, and delivery of international goods are included in this field.
As a “Legalaid” Law Firm, we offer you the following services:
· State registration of commercial legal entities;
· Drafting of contracts related to commercial relations, determination of contractual conditions based on the agreement of the parties;
· Submission of lawsuits to courts related to commercial disputes, representation in court as a lawyer and representative, and other services.
Emil Khanaliyev
