A commercial lawyer, in a nutshell, is a lawyer specialized in the branch of law related to the regulation of the set of legal rules concerning the business world.
The figure of this type of lawyer is increasingly present in society and in the media in general, as they often act as advisors to many companies and businesses. However, it is much more than that, since it is the one who, on several occasions, will guide the entrepreneur in multiple processes. From the registration of patents and questions about trademark rights, to labor relations issues, the commercial lawyer is a key piece of any company.
In this context, it should be noted that commercial law, also known as commercial law, is the area of private law where commercial lawyers act, regulating the exercise of commercial activities. This branch of law is in constant change, so that commercial lawyers must be aware and updated to the constant regulations that commercial relations and other issues of the sector are going through. Likewise, professionals in this area must be in constant training, especially during the last few years, where new technologies will revolutionize the commercial and business world.
What are the functions of a commercial lawyer?
The commercial lawyer is in charge of resolving business conflicts of a certain business, as well as of resolving and regulating relations between individuals. Broadly speaking, the commercial lawyer performs the following functions:
Representation of companies.
This is one of the main responsibilities of a commercial lawyer. This legal representation, whether of a company or of a private trader, does not necessarily occur when there is a conflict, but may begin previously, with the objective of eliminating any possibility of a future problem. The professional acting as a commercial lawyer will be the one who will put himself in the client’s place in situations that, if not properly controlled, may turn into conflicts.
Handling of business documentation.
The collation and classification of the documentation on the commercial activity is one of the functions of a commercial lawyer, as well as the drafting of contracts of both employees and third party companies with which he will collaborate.
Advice on commercial matters.
Professionals in commercial law, thanks to their knowledge of the legal framework surrounding the company or business, are the ideal profile to receive advice. The commercial lawyer will be in charge of ensuring that the business is framed within the legal canons.
How to choose the perfect commercial lawyer for your project?
At Abogados Cabo we offer global advice on commercial matters, including corporate, contractual, corporate restructuring and procedural matters. We are experts and we have a lot of demonstrable experience in this area, so you can trust us.
In the corporate field, we offer any commercial advice required by the ordinary or extraordinary activity of any company from the moment of its incorporation until its extinction. From professional company secretarial services, structural modifications of companies, preventive advice on directors’ liability, venture capital operations and advice and execution of common corporate operations.
Likewise, within the commercial area we have a wide range of advice on contractual matters. These services include the drafting or supervision of agreements ranging from the purchase and sale of companies (with the relevant due diligence process) to the refinancing of liabilities, including the regulation of joint ventures, to the purchase and sale of credit portfolios, always adapting to the needs of our clients.
On the other hand, our firm specializes in advising family businesses that require dedication and expertise. As family business lawyers we understand the need for good understanding between all partners and the need to protect the company at all times, whether on a day-to-day basis or in view of a generational succession, we have extensive experience in figures such as the family protocol, and in the drafting of parasocial agreements.
In this context, our procedural specialization in the commercial area allows us to face with guarantees procedures challenging corporate agreements, corporate conflicts, liability of directors, consumer and user protection in any field, as well as any other that due to its uniqueness we can include within the commercial area, such as patents and trademarks, agency, unfair competition and many other approaches.
Commercial Law in the framework of our country
As we said before, the commercial lawyer deals with commercial law, which in turn is a part of private law.
1. Public Law refers to the structure and organization of the State and the relations of the State with individuals, exercising those relations in a higher hierarchical level, as for example when it imposes an obligation on citizens by means of a law. Public Law, in turn, is also made up of two large blocks which are International Law and National Law and the latter includes, in turn, the following branches: Criminal Law, Procedural Law, Constitutional Law, Administrative Law, Labor Law and Fiscal or Tax Law.
2. Private law is that which regulates the relations between individuals, or between individuals and the State when the latter does not do so in the exercise of its power as a public authority, and comprises two main branches in Spain: civil law and commercial law.
Civil Law regulates the legal capacity of individuals, family relations, such as marriage, divorce and common-law unions, inheritance, neighborhood and property relations, obligations and contracts between individuals, among other matters. Commercial Law regulates the activity of merchants and their commercial relations – called acts of commerce – as well as the creation of companies, their activities and their extinction. In turn, the rules regulating these two branches of private law are contained in the Civil Code and the Commercial Code.
Therefore, commercial law is a set of rules that fall within private law, which deals with relations between individuals, meaning individuals as well as companies and entities other than public administrations.
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At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.