According to para 3 of article 12 of TCC a person who pretends that he/she runs a commercial enterprise or who enters into contracts as if he/she is a shareholder of a company which does not exist legally is qualified as a merchant.

Microeconomic Theory
12th Edition
ISBN:9781337517942
Author:NICHOLSON
Publisher:NICHOLSON
Chapter15: Imperfect Competition
Section: Chapter Questions
Problem 15.9P
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TRUE AND FALSE QUESTIONS

  1. According to para 3 of article 12 of TCC a person who pretends that he/she runs a commercial enterprise or who enters into contracts as if he/she is a shareholder of a company which does not exist legally is qualified as a merchant.
  2. Article 16 of TCC refers to legal person merchants under three groups. Legal person merchants identified under article 16 are numerus clauses.
  3. Where there are no applicable regulations for the disputes as to commercial transaction, commercial usage and custom find an application even if merchants do not actually know them
  4. Although a legal representative who operates the commercial enterprise on behalf of the minor does not have a status of merchant, he is eligible to appoint a commercial representative
  5. Regarding the authorization of the commercial representative, apart from that the authorization of the representative is registered with the commercial register (art. 547/2 of TCO), there is no formal requirement.
  6. Commercial representative cannot draw up a cheque or bono unless he/she is expressly authorized to do this.
  7. It is compulsory that the authorization of both the commercial representative and commercial deputy is registered with the commercial register
  8. Although it is stipulated in article 4 of Industrial Property Code that trademarks may consist of any signs like words, including personal names, figures, colours, letters, numbers, sounds and the shape of goods or their packaging, other signs such as symbols, patterns, lyrics might also be a trademark.
  9. One of the main differences between the partnerships and capital companies is related to liability for the debts. While the partners have unlimited liability for the debts of partnerships in terms of partnerships, shareholders of capital companies are personally liable to the extent of the unpaid portion of their capital undertakings.
  10. An inventory book is one of the types of commercial book.
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