The Theory of Commerciality in Iranian and French Law
Document Type : Original Article
Author
PhD in Private Law, Varamin Branch, Islamic Azad University, Varamin, Iran.
Abstract
Despite more than two centuries since the codification of commercial laws, legal systems have yet to establish clear and definitive criteria for identifying commercial acts. In other words, there is still no consensus on what constitutes a commercial act. Although legislators in various countries have provided lists of commercial acts, these have never been comprehensive or exclusive. As a result, the question of what qualifies as a commercial act remains unresolved. In practice, identifying commercial acts is essential, as it delineates the scope of application of commercial law and determines when commercial legal rules should apply. Moreover, in jurisdictions where specialized commercial courts are established, accurately identifying such acts helps define the courts’ jurisdiction more precisely. This study adopts a descriptive-analytical method and conducts a comparative analysis of the theories related to commercial acts in Iranian and French law. It further examines acts that are not considered commercial. Today, there is a general tendency to broaden the scope of commercial acts due to legal and fiscal considerations. However, it is important to note that in cases of uncertainty regarding the commercial nature of an act, the default assumption should be that the act is non-commercial.
Keywords
References
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Doi: 10.22034/law.2024.2014978.1269
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