1.1. The right is divided into public and private as the distinction between them is explained according to different criteria.
1) The first criterion was at stake, and in particular whose interests they defend the right – more Ulpius said: “Publicum ius est quod ad statum rei Romanae spectat, privatum – quod ad singulorum utilitatem”.
2) Today, however, the decisive criterion is accepted method of legal regulation – Overriding method is inherent in public law and the method of equality – of private law.
The division of the right to private and public is universal – it is inherent in almost all legal systems.
1.2. Private law has two main parts – civil and commercial law, which allows to talk about the dualism of private law. Division of private law of civil and commercial is a matter of legislative policy. Commercial law does not exist as an independent sector in all legal systems:
1) There are systems that do not know our division of private law. In Anglo-Saxon law has TP in the narrow sense (covering commercial transactions and commercial paper) and a separate company law and insolvency;
2) There are systems in which the PO is single (special provisions in commercial GK has on subjects and transactions). This single GP is inherent to the continental system, both German states, and the states of the French legal circles. In those countries or not there was a TA – Switzerland and the Scandinavian countries or TP is absorbed by PR at its codification – Italy and the Netherlands.
1.3. Objective grounds for separation of TP from GP found in the subject of legal regulation. TA regulates legal relations which are formed on the basis of social relations arising in the field of exchange of goods, services and capital.
1) From an economic perspective, trade is that this phase of the turnover, which is located between production and consumption;
2) From a legal point of view this is so. Pomegranate. Entrepreneurial activity and when it is said that the TA governs trade relations Given namely entrepreneurship.