Commercial law and civil law seem to be two separate fields of study in Spanish law. Legal independence enables one to clearly define the norms or regulations inherent in each, which justifies dividing the study of these disciplines into didactic and scientific orders. In practise, there appears to be a significant interaction between civil law and commercial law.
There are definitely some legal relationships that fall under the purview of one body of law or the other exclusively.
Genuine juridical civil relations include those governed by succession law, family relationships, and the fundamental legal relationships of the state, as well as human condition and legal capacity.
Typical commercial relationships are those that result from financial transactions, exist in companies, and derive from bills of exchange. In addition to those whose effects are produced in areas where both bodies of legislation overlap, there are others whose effects are clearly framed in civil or commercial law. The primary focus of this work is those relationships that are governed by both civil law and commercial law.
The following can be mentioned as being the most significant among the main factors connecting civil and commercial law:
Another type of relationship may be seen in the continuing incidence of civil legislation, either as private ius commune or general law, governing juridical relations of a commercial nature whenever a commercial law presents itself as a civil law. 1. An initial group of relations is produced when civil law and commercial law converge within the same juridical situation, in which case the effects are determined in part by civil law rules and in part by commercial law rules.
