Theory and practice of commercial exchange

The text - with a brief introduction to the history of trade - focuses first of all on the differences between commercial exchange relationships and tradable exchange relationships, providing their respective definitions and highlighting elements of affinity and distinction.

Therefore, it ascertains and outlines the constitutive and essential requirements of the commercial act (bilaterality, immediacy and suddenness), and compares them with the general legal institutes identifiable, in the matter of exchange relationships, within the scope of our legal system.

It then questions the value and relevance of the intervention of third parties (even if legally qualified - as representatives and agents, with or without power of attorney -), on the process of formation and improvement of marketable exchange relationships; as well as on the volitional disposition of the subjects of such relationships, necessary for their validity, and on the various types of manifestation of will (including, the absolute abstract will, the relative will, and the improper will), which can condition its effectiveness, and describes the respective forms of expression.

Finally, it analyses and examines in detail the characteristics and structure of individual typical contracts, contemplated in the Civil Code, in order to affirm for each one, or to exclude, its relative marketable nature.