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Definition of Commercial Transaction
Article 286
- (1)
- A Commercial transaction shall be any transaction concluded by a merchant, related to the occupation exercised by him.
- (2)
- Commercial transactions shall also be the transactions under Article 1, paragraph 1, regardless of the capacity of the persons effecting them.
- (3)
- In case of doubt it shall be considered that transactions concluded by a merchant are related to his occupation.
Applicability of Provisions on Commercial Transactions
Article 287
The provisions on commercial transactions shall apply to both parties if the transaction is considered commercial for one of the parties and this Law does not provided otherwise.
Sources
Article 288
The provisions of civil legislation shall apply to matters of commercial transactions not regulated by this Law, and where it is inadequate, the commercial customs shall apply. Where commercial customs vary, the customs of the place of performance shall apply.
Abuse of Right
Article 289
The exercising of a right arising from a commercial transaction shall be inadmissible if it is exercised with the sole intention of causing injury to the other party.
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