We are TMI the primary law firm in Mauritius and in this article, we will explain what is commercial law in Mauritius. The Commercial Law is a branch of Private Law that regulates the acts of commerce established in the legal system and to the individuals whose habitual profession is the merchant. In the aforementioned definition, the two criteria of Law are observed; Objective criterion is that which refers to the acts of commerce itself and the subjective criterion is that which points to the individual as a trader
The Commercial Law was raised to solve the conflicts and activity among businessmen by which is called the professional law, likewise, it is a customary law as it is based on custom and uses of traders and progressive that evolves in conjunction with social measures And economic conditions of a country.
Commercial Law is an individual right since it is a branch of Private Law and therefore does not participate in the legal relations that intervene the public powers. Commercial Law is special because it differs from Civil Law, so it is part of Private Law since the former regulates the requirements and needs of commerce and the second regulates family and patrimonial relations.
Currently, economic relations are increasingly more international, which is why there are bodies responsible for regulating this type of relationship as UNCITRAL of the United Nations.
Commercial law regulates the acts of commerce that cause legal effects in the mercantile sphere, subjects of the relation of the Commercial Law as the merchant, entrepreneur, mercantile companies; The commercial contracts signed by the previously identified subjects obliged to comply with what is prescribed in the contract. Likewise, Mercantile Law regulates mercantile companies created with an economic purpose and judicial or administrative processes in order to enforce the obligations underwritten in the contract and protect the rights of merchants, entrepreneurs, mercantile companies.
Origin of Commercial Law
In ancient times, the first body that tells us about Mercantile Law is the Rhodian Maritime Laws, laws of great influence in maritime peoples and in Roman Law. In Roman law, there are rules applicable to trade but within the Civil Law as the regulation with respect to the movable property. In the middle ages, the crusades arose and from that moment begins the economic power of the great maritime traders in Europe who were in charge of supplying different species that were not obtained in the European continent at this moment is born Commercial Law with the Order to protect and regulate the activity of traders. In the modern age,
Commercial law is a customary law, that is, born by the use and custom of merchants and basically, there were two laws: maritime and land law. The person in charge of resolving the conflicts were judges who in turn were chosen by the merchants.
Importance of Commercial Law
Commercial Law regulates the economic activity of commerce and the traders themselves, therefore, Mercantile Law is of the utmost importance for the economic and social development of the countries due to the control in the production and intermediation of goods and services fundamental for satisfaction Of the needs of individuals in a country. Likewise, Mercantile Law is important for the protection of traders and regularization of their activities.