НЕШТО О СУБЈЕКТИМА И CTATУCУ СУБЈЕКАТА ПРИВРЕДНОГ ПРАВА
THE FACTORS OF COMMERCIAL LAW AND THEIR STATUS

Summary/Abstract: The author is of the opinion that the basic, misunderstanding and. main defect in the treatment "of the question of status of the factors of commercial law in the Yugoslav literature of commercial law is an erroneous methodological approach in the determining of which among the legal factors are the factors of commercial law, and the lack of adequate criteria for the classification of these factors (commercial enterprises) into proper groups. The author feels the main criterion consists of certain legal features of the enterprise, and the commercial activities of enterprises which are of such volume and character as to determine the special legal status of certain commercial enterprises and offer the possibility of their classification into groups. He proposes an original classification of enterprises according to the difference in their legal position: organizations of associated labour performing commercial activities, cooperatives and contractual organizations, financial organizations, associations in the economy and work, communities which are formed in these organizations as collective-joint services for the performance of administrative and technical-professional activities of the so-called common interest for these organizations. A part of the article is devoted to the attempt to provide evidence for the author's view that a special group of factors of commercial law consists of physical persons, who in the form of a registered profession, perform commercial activities of one kind or another; .the author is also in favour of stressing the significance of the stüdy of the status of those people, which has been neglected in science so far.

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