Informacion

Algunos temas del derecho que pueden ser de utlilidad.

Derecho Mercantil
Derecho: Es el conjunto de normas jurídicas de observancia general y obligatorias.
Clasificación de Normas:
1. Normas Constitucionales.
2. Normas Ordinarias
3. Normas Reglamentarias.

¬ Normas Constitucionales: son el conjunto de normas de orden superior, (La Constitución) en la cual se establece losderechos y obligaciones de los ciudadanos (parte Dogmática de la Constitución) como también la organización Jurídica y Política del Estado (parte Orgánica de la Constitución). Estas normas son emitidas en un momento determinado por una Asamblea Nacional Constituyente, siempre que se rompa el Orden Constitucional de l Estado (por medio de golpes de estado), y se haga necesaria la reformarla constitución, la conformación de esta asamblea se hace por medio de previa elección popular. La ultima Asamblea Nacional Constituyente fue en 1985.

¬ Normas Ordinarias: son las que desarrollan las normas constitucionales, solo que en un sentido mas amplio, ejemplo el Código de Trabajo, en forma mas amplia y detallada concede al trabajador derechos así como sus obligaciones ante lospatronos y viceversa. La Constitución (en forma general Art. 101 al 106 ) concede derechos y obligaciones al trabajador. Estas Normas son emitidas por El Congreso de la República como por ejemplos Códigos de Comercio, Civil Procesal, Procesal Penal y Decretos. Nunca pueden ser de mayor jerarquía ni contradecir a las normas constitucionales
.
¬ Normas Reglamentarias: generalmente sonemitidas por el Organismo Ejecutivo y sus Instituciones, como por ejemplo acuerdos ministeriales.

Clasificación del Derecho: 1. Derecho Público. 2. Derecho Privado.
¬ Derecho Público: Se refiere a las normas de organización del Estado e involucra al Derecho Constitucional, Penal, Financiero, Laboral, y Procesal.
¬ Derecho Privado: Normas de conducta de los individuos que integranla sociedad se involucra con el Derecho Civil (referente a sanciones), y el Derecho Mercantil (actos de comercio).

Derecho Mercantil: Rama del derecho privado que regula las relaciones de los individuos que ejecutan actos de comercio, y que tienen la calidad de comerciantes.
Características del Derecho Mercantil.
¬ Profesionalidad: se aplica a las actividades profesionales de loscomerciantes (Individuales y jurídicos)
¬ Formalidad: No sujeto a formalidades, Excepto las Sociedades y aplicables a los Fideicomisos.
¬ Internacionalidad: los contratos y las actividades de comercio, trascienden fronteras, buscando la aplicación regional o universal.
¬ Relaciones Jurídico Mercantiles: se fundamenta en la verdad sabida y buena fe, conserva y protege a los contratantes.Antecedentes del Derecho Mercantil.
? Edad Antigua: Ley Rodia: Reparto proporcional de las perdidas que resultaran de echara objetos al mar.
Actio Insitorio: Medio por el cual se permitía reclamar al dueño de un negocio mercantil, el cumplimiento de las obligaciones contraídas, por la persona encargada de administrarlo.
Actio Exercitorio: Medio por el cual se permitía reclamar aldueño de un buque el cumplimiento de las obligaciones
? Edad Media: la formación de asociaciones comerciarles y Trusts, fue una de las características principales.
? Edad Moderna y Contemporánea: época en que se inicia la legislación mercantil. En el siglo XIX los principales estados europeos emitieron sus códigos mercantiles, el de mayor relevancia “El Código Napoleónico”.
DerechoMercantil en Guatemala: 1877, como producto de la Revolución Liberal el 15-09-1877; entro en vigencia el primer código de comercio(vigente hasta 1942). 1,943. Decreto gubernativo 2946, entro en vigencia el 01/01/1943. 1,970. El Congreso emitió el Decreto 2-70, Actual Código de Comercio:

Relación del Derecho Mercantil con otras Ramas del Derecho.
1. Con el Derecho Constitucional: por…

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