2.1. Comparison with commercial law. The term “economic law” has different meanings: 1) SP may be part of administrative law that regulates relations in turnover; 2) SP may be part of private law, which regulates the exchange and 3) SP may be separate, heterogeneous sector, a set of private and public law. TP also contain public elements and it is one of the peculiarities in comparison to PR, but a dominant place occupied private norms and relationships. In this sense, the TA is closest to the second understanding of SP. On the other hand, the term “business” has a broader meaning of the term “commercial activity” and this is evident from various legal texts – art. 357 CPA: With contract company two or more persons agree to combine their activities to achieve a common business goal – speaking is profit, not for commercial purposes; Art. 3 Foreign Investments Act:. When talking about profit / activity refers to any activity aimed at producing goods or services for profit. All this leads to the conclusion that the concept of “economic law” is broader than the concept of “commercial law” but today in Bulgaria no single economic law.
2.1.1. According to Al. comparing the TA with commercial law can be considered in two directions again depending on what is put in this concept:
1) If the SP is understood as a set of norms that regulate economic life (almost all TP, TRP in its part of collective agreements, tax law, elements of the AP, anti-trust legislation) it the most significant criticism of him is that even this design is a logical it is practically meaningless because one branch makes sense as applicable regulate the relations in it.
2) On the SP concept makes sense in the context of the European Community – as the idea of the Common Market and the need arises to harmonize the regulatory framework and removing obstacles to business. One of the main directions of unification is SP (trade, labor, customs, taxation etc.), which is carried out by 14 of the EU Directorate.
2.1.2. In other legal systems SP is known as Economic Law. According to Al. Katsarski business law takes a different approach from that of the TA. Basic concepts of TP are the concept of commercial transactions and the term “trader”, business law also uses the term “commercial transaction”, but instead the term ‘trader’ replaced by ‘business activity’. Both approaches are fundamentally different – TP your likes certain actors in formal criteria subject to commercial law. Sometimes, however, non-traders have developed activities of small traders, the national legislator has noticed it and creates obligations for other entities to be registered under the Trade Act. Business law abandons the formal criterion, watching activity – where activity is business, it is subject to the rules of the law regardless of the subject. This approach was adopted legally for the first time since 1942 GCI
2.2. Comparison with civil law. TP historically derived from GP. It is believed that TP is special law (lex specialis) in terms of PR. This situation is regulated in Art. 288 CA: For the unsettled by this law provisions on commercial transactions are subject to the provisions of civil law. . . Many of the rules of the PR apply generally not covered by the CA (persons, objects, basics of transactions). Between GP and TP there is a genetic and functional relationship. The relationship between them is unidirectional because the TA influence PR.
According to Al. Katsarski differentiation TA system of private law becomes the way of his thoughts elimination. Initially there was just PR, then separated commercial and labor. Today PR is a residual right – everything that is not commercial and labor. Criteria for delimitation of TP of GPs:
2.2.1. Countries – there are two options:
1) both parties to traders – no one uses it, because otherwise it would mean the rearrangement of all GP relationships in commercial law;
2) at least one party is a merchant and the transaction is related to its business activity – it is called. subjective system which has been adopted in Germany.
2.2.2. Relations – national law states 15 types of trading relationships regardless of the parties thereto. This is the so. Called. Objective system, which emerged from beyond the parties nature of legal relations and is perceived in pure form in Spain.
2.2.3. The national legislature adopted a mixed system, which has at least two advantages:
1) it is the first historically originated and is the most common of FTC from 1807 onwards;
2) gives the greatest scope of TP and easy to adapt to the exchange.
TP in mixed systems deals with two groups of transactions: Transactions commercial in nature and commercial transactions by country. The distinction between TP and GP is based operative legal fact – if it is a commercial transaction is a commercial relationship, if not – civil. The concept of commercial transaction (Art. 286 (1) Commercial transaction is concluded by a trader that is associated with the exercise of his profession. (2) Sales are transactions under Art. 1, para. 1 regardless of the quality of
those who carry them out.) is the most important in the TP, which it separates into a separate branch of law. From 1991-11996, there Ch. 1, 2 and 4 of the Commerce Act but TP virtually no because relations between traders used the CPA.