Principles of commercial law The essence of commercial law is revealed by its principles - the main provisions on which it is based. There are no special principles of commercial law, there are only features of the manifestation of the principles of those branches of law that form it. Important for commercial law are the principles of private law.
• the principle of the permissible orientation of private law regulation.
• the principle of equality of participants in relations regulated by civil law.
• the principle of inviolability of property.
• the principle of freedom of contract.
• the principle of unhindered exercise of civil rights.
• the principle of the inadmissibility of arbitrary interference in private affairs.
• free movement of goods, services, and capital.
• principle of restoration of violated rights.
• the principle of judicial protection of violated rights.
The principle of the inadmissibility of arbitrary interference in private affairs The principle of non-arbitrary interference in private affairs is enshrined in law. This is necessary for commercial circulation because it is primarily related to the interference in the commercial activities of state and local authorities. According to this principle, state power bodies and local self-government bodies, as well as any other persons, have no right to interfere in the personal affairs of subjects of commercial law, even if they belong to them. So, they can't say what goods to produce, under what conditions, and at what prices to sell.
The principle of equality of participants’ commercial relations. The principle of equality of participants in commercial relations follows from the meaning and means that they are not mutually subordinate and have equal powers in relations trade turnover. This applies to all entities without exception, including public legal entities, as well as their bodies, if they act as a party to contracts regarding the sale of goods. It is not a violation of the principle of equality of legal regime for all subjects of commercial law establishment of special legal capacity for state unitary enterprises, since in this way only the features of their legal status as participants in commercial relations are considered.
