AGU Explica - Direito Empresarial

Summary

This video explains the evolution of Business Law, tracing its origins to the Middle Ages when commercial activities grew, prompting the need for a specific branch of law. It discusses the birth of Commercial Law in Italy and the influence of the Napoleonic Code on the French and Brazilian legal systems. Over time, the focus shifted from specific acts of commerce to the broader concept of business activity. Today, Business Law centers on the 'enterprise act,' considering the entrepreneur, the organized economic activity, and the assets involved. The Brazilian Civil Code of 2002 embraced this approach, replacing the Commercial Code of 1850.

Takeaways

• 😀 Commercial Law emerged in the late Middle Ages in Italy to address the growing need for regulation of commercial activities.
• 😀 The first Commercial Code was developed in France in 1808, which described the acts of commerce.
• 😀 The Napoleonic Commercial Code influenced the creation of Brazil's Commercial Code in 1850.
• 😀 Brazil's 1850 Commercial Code regulated maritime business acts, which still partially remains in effect today.
• 😀 Over time, countries moved away from defining commerce as a set of specific acts and focused on how business activities were carried out.
• 😀 The shift from Commercial Law to Business Law marks a transition in focus from 'acts of commerce' to 'acts of business'.
• 😀 Business Law focuses on economic activities that are organized professionally, aimed at the production or circulation of goods or services.
• 😀 The concept of 'the company' is central in Business Law, representing a structured entity for economic activity.
• 😀 The Brazilian Civil Code of 2002 replaced much of the 1850 Commercial Code, adopting the theory of business acts instead of commerce acts.
• 😀 A businessman is defined as someone who professionally engages in organized economic activities, focusing on the production or circulation of goods or services.

Q & A

What is Business Law (Direito Empresarial)?

Business Law (Direito Empresarial) is a branch of law that focuses on regulating the economic activities of businesses. It emerged as a specialized field to address acts related to commerce, evolving over time from commercial law.

How did commercial law develop during the Middle Ages?

During the late Middle Ages, commercial activity grew significantly, prompting the need for a specialized branch of law to regulate commercial acts. This led to the development of Commercial Law in Italy.

What role did the Napoleonic Code play in the development of Business Law?

The Napoleonic Code, which emerged in France in 1808, codified commercial acts. This legal framework influenced Brazilian law, leading to the creation of Brazil's own commercial code in 1850.

How did the Brazilian legal system evolve in terms of Business Law?

Brazil initially adopted the Napoleonic Code's principles in its own 1850 Commercial Code. However, in 2002, Brazil reformed its approach, replacing commercial law with Business Law (Direito Empresarial), which focused on the exercise of economic activity rather than merely the classification of commercial acts.

What is the focus of Business Law as opposed to Commercial Law?

While Commercial Law focused on identifying specific commercial acts, Business Law focuses on the broader concept of economic activity organized professionally for the production and circulation of goods or services.

What is the 'phenomenon poliedro' of a business?

The 'phenomenon poliedro' refers to the multiple perspectives involved in a business, which include the subjective (the entrepreneur), functional (the organized economic activity), and objective (the assets used in business operations, such as business establishments).

What is the definition of a business entrepreneur under Brazilian law?

Under Brazilian law, a business entrepreneur is defined as someone who professionally engages in organized economic activity aimed at producing or circulating goods or services.

How did the 2002 Civil Code in Brazil change the legal framework for businesses?

The 2002 Civil Code in Brazil formally adopted the theory of business acts, replacing the outdated 1850 Commercial Code. This shift placed greater emphasis on the operation and organization of economic activities rather than focusing on the classification of specific commercial acts.

What is the significance of the 1850 Brazilian Commercial Code?

The 1850 Brazilian Commercial Code was crucial in regulating commercial acts, drawing inspiration from the Napoleonic Code. However, much of this framework was later replaced when Brazil shifted to Business Law in 2002.

How did Business Law evolve to focus on the 'act of enterprise' instead of the 'act of commerce'?

Business Law evolved from focusing on specific commercial acts (such as buying and selling) to a broader view that encompasses the organization and execution of economic activity. This shift emphasized the 'act of enterprise,' meaning the professional and systematic operation of a business.