The legal status of the customer in the commercial establishment

Abstract

The commercial establishment or the commercial store, or the store is regarded as one of the means used in the Trade and Business Law. Despite the importance of this institution as the window through which the merchant can perform his activity and discharge the product of his work, as well as the rights related to it, and contrary to the position of some comparative legislation, we find that the Iraqi legislator in light of the rules established under the effective trade law No. 30 of 1984, has not undertaken provisions related to this establishment and its concept except for some general indications when explaining the provisions related to the trade name as in the text of Article (24 / second). It only stipulates that (It is not permissible to dispose of the trade name independently of the commercial shop). In spite of the unity of the commercial institution, it differs from legal or legal persons such as companies in that the commercial establishment is a facility owned by one or more persons that do not have a legal personality. I do not have an independent legal entity, and therefore I have a financial liability independent of the receivables of the owners it has. Despite that the commercial establishment is a moral and movable property having a financial value that can be disposed of in all kinds of legal dispositions such as selling, mortgaging and renting, and a share in the company can be offered. The issue of research in the commercial establishment raises the question of the presence of clients in it and their legal adaptation and the extent to which this element in the commercial organization can be considered as an element of financial value, which is what the study used to deal with.