Spanish Commercial Code - Title Preliminary - General Provisions

CODE OF COMMERCE OF SPAIN

Preliminary Title

GENERAL PROVISIONS

Article 1. º The Commercial Code governs the obligations of the merchants relating to commercial operations, which people do not contract traders to ensure compliance with trade obligations, and those arising from commercial contracts only.

Section 2. º In cases that are not specifically addressed by this Code, the provisions of the Civil Code.

Section 3. º Are acts of trade, as part of both contracting and part of one of them:

1. ° The purchase and exchange of personal property, made with the intention to sell, exchange or lease
in the same way or in another, and the sale, exchange or lease of these same things.

However, there are acts of trade or exchange the purchase of ancillary items to complement the main operations of a non-commercial industry.

2. ° The purchase of a commercial establishment.

3. ° The lease of furniture made with the intention of subletting.

4. · Commission business or office.

5. ° companies factories manufactures, warehouses, shops, bazaars, inns, cafes and other similar establishments.

6. ° The land transport companies, rivers or waterways.

7. ° The companies deposit of goods, supplies or supplies, business agencies and hammers.

8. ° The public entertainment businesses, subject to police measures to be taken in to the administrative authority.

9. · The insurance companies earth materials, including ensuring that those goods channels carried by rivers.

10. Operations on bills of exchange, promissory notes and checks on the order documents, whatever their cause and purpose and the people who take part in it, and remittances of money from one place to another made under a contract change.

11. The operations of bank, exchange and brokerage.

12. The stock trades.

13. Construction companies, hull, purchase and sale of vessels, gear and supplies.

14. Owners associations.

15. The expeditions, transportation, storage or shipping consignments.

16. Chartering, insurance and other contracts relating to maritime trade.

17. The facts that produce obligations in cases of failures, wrecks and salvage.

18. The conventions on wages purser's captain, officers and crew.

19. The contracts of shipping lanes, German pilots and seamen for the service of ships.

20. Construction companies of real estate by adhesion, such as buildings, roads, bridges, canals, drains, industrial facilities and other similar nature itself.

Article 4. º The customs trade supply the silence of the law when the facts that are uniform, public, usually executed in the Republic or in a particular locality, and repeated over a long period of time will be assessed by the courts prudently trade .

Article 5. º There is no evidence to the court of commerce who know an issue between parties to the authenticity of the custom is invoked, it can only be tested by any of these ways:

1. ° For an authentic testimony of two judgments, asserting the existence of custom, have been rendered therein;

2. ° For three deeds prior to the events that led the trial to be doing the test.

Article 6. º The commercial customs will rule to determine the meaning of words or phrases trading techniques and to interpret events or business conventions.