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題 名 | 絕對商行為引論--以日本的立法與學說為例=On the Absolute Commercial Act: A Japanese Legal Perspective |
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作 者 | 李飛; 張志坡; | 書刊名 | 澳門理工學報 |
卷 期 | 14:3=43 2011[民100] |
頁 次 | 頁132-143 |
分類號 | 585 |
關鍵詞 | 絕對商行為; 客觀性; 營利性; 投機; 商業證券; Absolute commercial act; Objectivity; Profit-oriented; Speculation; Commercial securities; |
語 文 | 中文(Chinese) |
英文摘要 | The concept of a Commercial Act is the cornerstone of Commercial Law in the Civil Law tradition. Absolute Commercial Acts, with characteristics of absoluteness, objectivity, legality, and enumerativeness, are the most basic commercial acts. It is also the foundation of the concept of a merchant, because it is primarily profit-oriented. Four kinds of absolute commercial acts are enumerated in Article 501 of the Japanese Commercial Code, for the sake of clarity in juridical practice. However, the commercial acts in transactions of commercial securities are exceptions. The appropriateness of the definition of absolute commercial acts in commercial law is challenged by doctrines in corporate law. However, even under such circumstances, there is still a need to distinguish commercial acts from civil acts. Moreover, the so-called eclecticism in the regulation of commercial acts has many advantages over other methods, therefore it may be taken into consideration in the future General Rules of Commercial Law. |
本系統中英文摘要資訊取自各篇刊載內容。