A Teoria dos Atos de Comércio | Sobre a aula

Summary

In this video, the speaker addresses students and introduces a new series focused on key topics from their law courses. The discussion centers on the theory of commercial acts, tracing its origins from the French Commercial Code of 1807 to the evolution of Brazilian commercial law. The speaker reflects on the challenges of defining commercial acts, highlighting historical figures and key legal texts, including the French and Brazilian codes. The video aims to provide a deeper understanding of commercial law, preparing students for more complex topics in future classes.

Takeaways

• 😀 The speaker introduces three types of video series on the channel: legal conflicts, extracurricular reflections, and class-related topics.
• 😀 The focus of the current video is on revisiting topics from class, specifically the theory of acts of commerce in commercial law.
• 😀 The French Commercial Code of 1807 is identified as the starting point for the theory of acts of commerce, influencing many legal systems, including Brazil's.
• 😀 Defining 'acts of commerce' is challenging because commercial law originated from practical needs rather than theoretical frameworks.
• 😀 The difficulty in defining acts of commerce led to legal scholars proposing various concepts, but no universally accepted definition was found.
• 😀 The Brazilian Commercial Code of 1850 did not explicitly use the term 'acts of commerce' but referred to mercantile acts and mandates.
• 😀 Regulation 737 of 1850 in Brazil enumerated mercantile acts, providing a legal framework similar to the French Commercial Code but adapted to Brazilian law.
• 😀 The speaker discusses the theory of acts of commerce, classifying them into three categories: acts of commerce by nature, by connection, and by force of law.
• 😀 Despite the classification attempts, scholars found it difficult to distinguish commercial acts from civil acts, leading to the abandonment of the theory.
• 😀 The theory of acts of commerce was replaced by the Theory of the Company (Teoria da Empresa) in the Brazilian Civil Code of 2002.
• 😀 The speaker emphasizes the importance of understanding historical context and the evolution of commercial law for Brazilian students of law.

Q & A

What is the main focus of this video?

The main focus of the video is the theory of acts of commerce, its historical development, and its application in the context of Brazilian and international law.

What are the three types of video series mentioned by the lecturer?

The three types are: 'Era uma vez em que', which addresses legal conflicts in an accessible way; 'Reflexões Extraclasse', which covers topics unrelated to the classroom; and 'Sobre a Aula', which focuses on academic content related to the lecturer's classes.

What is the historical significance of the French Commercial Code of 1807?

The French Commercial Code of 1807 is significant because it introduced the theory of acts of commerce and influenced many European and former colonial countries, including Brazil, in shaping their commercial laws.

Why is it difficult to define the concept of an act of commerce?

It is difficult because commercial law originated out of practical necessity and was not initially defined by scientific or systematic criteria. It was created to govern the activities of merchants without a clear distinction between commercial and civil acts.

How did Brazilian commercial law approach the concept of acts of commerce?

Brazilian commercial law did not explicitly mention acts of commerce in its 1850 Commercial Code. Instead, it used the 737 Regulation of 1850 to define commercial acts, without specifically enumerating them like the French Code.

What role did the 737 Regulation play in Brazilian commercial law?

The 737 Regulation was crucial because it provided the legal framework for determining what could be considered acts of commerce in Brazil, even though the term 'act of commerce' was not used explicitly in the Brazilian Commercial Code.

What does the lecturer mean by the 'theory of the enterprise'?

The 'theory of the enterprise' refers to the modern approach in commercial law, which focuses on the concept of a business entity or enterprise rather than attempting to define acts of commerce. This theory became more prominent after the Civil Code of 2002.

Why was the theory of acts of commerce considered problematic by legal scholars?

The theory of acts of commerce was seen as problematic because it struggled to establish a clear, universal criterion to differentiate between commercial and non-commercial acts. This led to confusion and inconsistency in legal interpretations.

How did the Brazilian legal system address the issue of defining acts of commerce in the 1850s?

In the 1850s, the Brazilian legal system, through the 737 Regulation, enumerated certain commercial acts but avoided defining them explicitly in the Commercial Code. This was an attempt to address the issue pragmatically without over-complicating the concept.

What does the lecturer mean by 'acts of commerce by nature, by connection, and by force of law'?

Acts of commerce by nature are those inherently commercial in nature; acts of commerce by connection are those that can be commercial depending on the context; and acts of commerce by force of law are those explicitly designated as commercial by legal provisions.