La especialidad de la interpretación mercantil frente al derecho común.

Abstract

The purpose of this research is to analyze the contractual interpretation criteria in Commercial matters and compare the applicability of the Civil Law criteria to it. This study arose with the issuance of the new Code of Commerce published in the Official Register supplement No. 497 of May 29, 2019. With it, a system of economic reality is accepted that combines subjects and objects and delimits that its content governs both merchants and those who do not have the quality of merchants, giving prevalence to nature and economic sense. Curiosity is aroused by the new rules of interpretation that this integrates into the order. The purpose of this article addresses the following legal problem: Article 263 of the Commercial Code recognizes the rule of intent for the Mercantile contractual interpretation, provided that both parties to the contract maintain the quality of merchants. Faced with this provision, it will be meritorious to address its legal significance against the regime contemplated in articles 1 and 7 of the Commercial Code, since its content attributes its effects to: all the subjects that intervene in the development of economic activities; regardless of their status. So, in this case, the legal problem will focus on examining the scope of said rule of interpretation, compared to the non-merchant subject; who, in addition to having, by law, a prevailing legal situation for those cases of doubt; It must then be governed by the rules of Common Law.