Título Preliminar. Disposiciones Generales
Article 1 Applicability
Merchants in their professional activity, commercial legal transactions and commercial things shall be governed by the provisions of this Code and, in their absence, by those of Civil Law, which shall be applied and interpreted in accordance with the principles that inspire Commercial Law.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 2 Merchants
Merchants are those who carry on in their own name and for profit any activities referring to the following:
1ºIndustry directed to the production or transformation of goods and to the provision of services.
2ºIntermediation in the circulation of goods and in the provision of services.
3ºBanking, insurance and sureties.
4ºThose auxiliary to the foregoing.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 3 Corporate Merchants
Companies organized under commercial form have the status of merchants, whatever their object.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 4 Commercial things
The following are commercial things:
1ºNegotiable instruments.
2ºThe commercial enterprise and its elements.
3ºPatents of invention and of design, trademarks, trade names, and commercial signs and advertisements.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 5 Mixed transaction
When merchants and non-merchants take part in a legal transaction governed by this Code, its provisions shall apply.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Source: OMPI, WIPO Lex (texto oficial suministrado por Guatemala, con las reformas anotadas hasta el Decreto 55-2010). Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.