Abordagem crítica do conceito de empresário no direito Brasileiro.

Abstract

Trade emerged as a form of human being to achieve what you did not have before your needs, so during its evolution ceased to be represented by the exchange of goods for an exchange between the product and currency. After winning an organized structure, the trader is now governed by disciplinary rules by the state. There, then, the Commercial Law as the set of rules governing the actions and activities of commercial traders, covering the laws that define and the acts of public authorities, practices and customs practiced by performing a commercial activity, not yet regulated . This work is based on a historical-critical study on the theories of trade, with the vision of the company and its legal and doctrinal understanding, culminating in the position of the standard doctrine and, on the entrepreneur, analyzing the evolution of the concept of coordinator of company. It is observed that the standard country has a tradition of following the European theories, which in a first time, in 1850, adopted the design is French, and now, by law civil of 2002, followed the Italian theory. Thus, the development of this search extends from the development of commercial law, via structural theories of trade, to the concept of the entrepreneur. In turn is the Brazilian Civil Code the definition of who is to be the entrepreneur, and soon then, the very standard applies who may not be so. See, in the end, that the legislature national sins to face with such timidity Definitions therefore not bring afloat which, in fact, defines the entrepreneur. It leads itself at the following problematize: The Civil Code of 2002 approached, precisely, the concept of the entrepreneur, outlining their characteristics so uncontroversial? With the hypothesis: No, considering that the peculiarities of the executor of commercial acts (the manager) were not treated in crystalline form in the relevant legal provisions, generating discussions about your understanding, especially as regards the aspect of the organization.