Commercial law or business law is actually the body of law that governs business and commercial affairs and is commonly regarded as a branch of criminal law and actually deals with issues of public and private law. It is a body of law that also includes personal law that refers to matters such as divorce, family and domestic violence. In fact, business law is so wide that it actually encompasses most aspects that are related to business and its affairs. This includes taxation, corporate law, labor law, intellectual property, contract law, banking, insurance, commercial activity and even some civil cases such as actions concerning negligence, discrimination and abuse of office or employment.
In addition, business law can extend to international trade. Thus, attorneys who deal with commercial law must have specialized knowledge on all the different aspects of commercial transactions and know how these laws can affect businesses. They must also be conversant with all the different bodies of law that deal specifically with commercial activities. This includes taxation, which is related to both income and expenses. Civil and criminal laws also come into the picture.
One important area of business law that deals directly with commercial transactions is that of commercial law theories. There are two main theories on which business law operates. The first of these is the cost of service and the second is an equitable theory. These two theories form the basis of many of the judicial decisions and therefore they are important for business lawyers to study in detail.
Cost of service business law states that there are two parties to the transaction. There are a seller and a buyer. This means that in order to enter into a transaction, there must be something offered for sale, or something of value to buy in the market. The laws of cost of service business law state that there are two main things that a buyer can sell, one is a product and the other is a service. In order to determine whether a sale takes place under this theory, it is important to analyse the product or service in question.
The other area of business law that concerns commercial transactions is contract laws. Contract laws allow for the transfer of property, including ownership, between two parties. In addition, it allows for the establishment of legal rights, such as patents, trademarks and licensing. As well, it sets down the conditions for a transfer and the duration of the contract. Each of these areas of contract law is an attempt to identify what the products or services being sold are.
The two legal areas of contract law that concern businesses are intellectual property and corporate laws. Intellectual property laws ensure that the products or services provided by a business are original. This ensures that they cannot be copied by another party and it also protects the economic interests of the business. Corporate laws set down the rules for how a business can be run. This includes the procedures that need to be followed when giving contracts to other businesses, the types of mergers and acquisitions that may be required and any laws that affect ownership of company assets.
One area of business law that deals extensively with mergers and acquisitions is taxation law. This includes business acquisitions and the transfer of ownership. Taxation laws also address the treatment of debts of mergers and acquisitions. A good business law specialist will be able to assist with the complex issues of these areas of law.
The business law specialist will be familiar with all of the current taxation laws for businesses. This includes the income tax requirements for corporations as well as the tax payments that apply to sole proprietorships and partnerships. The tax requirements for businesses that combine intellectual property or contract law with business law are even more complex. In most instances, the business owner will be expected to pay the appropriate taxes on the transferred assets. The services that a qualified business lawyer can provide in this area of expertise are significant.