Contents Understanding commercial law The history of the formation and development of commercial law Principles of commercial law The concept and types of subjects of commercial law

The principle of restoration of violated rights

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Legal aspects of environmental management report

The principle of restoration of violated rights
Restoration of the violated rights of a participant in commercial relations is provided using ways to protect them. The victim decides whether to present him with a demand for the restoration of the violated right or not. Implementation considered principle in commercial relations is characterized by the following features:
• Legislation establishes stricter liability for entrepreneurs, expressed, for example, in the possibility to foreclose on any property.
• Measures of property liability of an entrepreneur are applied regardless of his guilt.
In commercial relations, liability measures apply that cannot be applied to other subjects of property turnover, for example, the liquidation of a legal entity for violation of the Law.
The concept and types of subjects of commercial law
The subjects of commercial law are mainly entrepreneurs involved in the promotion of the mass of commodities from producers to consumers. Entrepreneurs include both individual entrepreneurs and commercial organizations.
Individual entrepreneurs must be registered in this capacity. Act registration equates the entrepreneur in legal terms with a legal entity and gives a citizen the right to engage in trading activities if such activities are recorded in the certificate of registration.
Commercial organizations include:
• general partnerships.
• limited partnerships.
• limited liability companies.
• additional liability companies.
• joint stock companies.
• production cooperatives.
• state and municipal unitary enterprises.
Named organizations can be classified not only by organizational and legal form but also by functional features. So, according to the functions performed, trading houses, dealers, traders, distributors, brokers, stockers, export-import firms, and trade agencies are distinguished. These entities are called independent intermediaries.
Special commercial entities include wholesale fairs, wholesale food markets, and commodity exchanges. The main goal of these trading participants’ turnover is to create conditions for the sale, in the organization of the commodity market.
In addition to commercial organizations, non-profit organizations participate in trading activities, which according to their statutory documents, can engage in entrepreneurial activities.
Non-profit organizations include:
• consumer cooperatives.
• public and religious organizations.
• non-commercial partnerships.
• associations of legal entities (associations and unions).
• funds.
• institutions.
• autonomous non-profit organizations.
• public corporations.
As mentioned above, non-profit organizations can be subjects of commercial law only in so far as they have the right, in accordance with their charters, to engage in trading activities. These usually include consumer cooperatives, public organizations, non-profit partnerships, and foundations. As for institutions, autonomous non-profit organizations, state corporations, and associations of legal entities, they are mainly engaged in procurement activities.

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