Part IV

Engaging in economic activities on an independent basis is a form of economic activity reserved for individuals. This involves repeatedly engaging in conduct characteristic of an economic activity, in a manner that leads to the conclusion that such conduct constitutes the practice of a profession. Furthermore, engaging in economic activities on an independent basis implies the absence of any subordination to the beneficiary of the activity, the assumption of risk, and the expectation of making a profit. In general, legal systems enshrine the right to engage in economic activities at the constitutional level. The exercise of this right is governed by subsequent legislation. From the perspective of access to the independent conduct of economic activity, legal systems impose limitations by requiring the fulfillment of certain conditions related to citizenship, legal capacity, age, or good character. Verification of these conditions is carried out through registration procedures with the commercial registry. Engaging in economic activity independently is characterized by the existence of unlimited liability. With regard to the cessation of economic activities, legal systems recognize as primary causes the individual’s own decision and the failure to meet the conditions for conducting such activities.

Keywords: economic activities, comparative law, individual merchant