The transaction constitutes the prototype of the transactions commercial, is oldest, most frequent and most important of mercantile contracts. The no other express with as much vigor peculiar function of the mercantile traffic like mediating activity directed to facilitate the circulation of the goods. The Code of commerce does not establish a complete regulation of the same, reason why it is precise to go to civil dispositions to integrate the mercantile legal system. Civil transactions and mercantile transactions exist, and to distinguish of others a Art. 325 of the Code of commerce it says that ” the transaction of movable things will be mercantile to resell them or in the same form that were bought or good in another different one, with the intention of to profit in reventa the important thing in this transaction is the intention which it moves to the buyer to resell the bought things and to obtain a profit. Lacking that intention the transaction will lack the character distinguishes that it of the civilians. Therefore the purchases of things are considered mercantile realised furniture in order to profit in reventa and the sales realised by the industralists when the buyer also is it and acquires the thing for their economic activity.
Although the mercantile transaction. according to saying is had, has to intend movable things, the Exhibition of Reasons for the Code talks about the possibility that the buildings are matter of a mercantile activity. In spite of this, of little bond the qualification of these sales like mercantile, because the Code lacks a regulation adapted of them, since it is thinking about the sale of personal property and in particular of merchandise. The rules that regulate the mercantile transactions have to consider themselves in principle, of right device, that is to say, can countermand by the will of the parts.