Actuality of Company Law

Abstract

The article analyses preliminarily the importance of the theme in the present Brazilian context. The problem of excessive regulation among us, also called legislative fury, or as the French say, decret manie. The importance of the entrepreneurial view because of the weakened social and economic life of the country. After, it deals with the entrepreneur and the enterprise, makes a brief historical of the cycle beginning with the marchans and the fabricans, going to the tradesman and getting to the entrepreneur. The concepts of enterprise and entrepreneur in Brazil and in Italy, theories about the enterprise, as an institution or production unit and correlate norms. It analyses the question of the juridical framing of the enterprise in the basic categories - subject, goods, acts and facts in the Italian Civil Code and the juridical concept based in the activity and the explanation of its correlates, subject (the entrepreneur) and goods (the establishment). The importance of the adoption of a general statute for the entrepreneur. It goes into the spontaneous appearance of Commercial Law among the merchants and their first treaties, of the relationship between Commercial Law and the other fields of law, the disputes between them, the problem of the lack of integration and systematization in Commercial Law and its evolution. It reports briefly on the commercial law among us and the Brazilian Commercial Code. It ends with the entrepreneurial normative picture in Brazil today.