Commercial Works

In this discourse, we explore the criteria for distinguishing between civil works and

commercial works, and then we draw conclusions to discover the outcomes of this

distinction.The first topic: Criteria for differentiating between civil

works and commercial works

There are conflicting jurisprudential opinions, making it challenging to establish a unified

standard to define the scope of commercial law and its relationship to various provisions

applicable to civil actions.Section I: Craft Theory

French jurist George Rial was the first to advocate this theory, asserting that commercial

work is characterized by the repetition of a craft by an individual to achieve profit.Legislation has thus introduced several criteria, some subjective

and others objective, each representing an aspect of jurisprudence.Let's delve into the

content of each:

First: Subjective theory (personality)

This theory posits that commercial law is subjective, determined by subjective criteria such

as the craft theory and the entrepreneurial theory (project).However,

criticisms have been raised against this theory, primarily due to difficulties in defining

commercial craft and the lack of a reliable control standard.These theories focus on

distinguishing civil works from commercial works based on the individual undertaking the

activity.