Commerce, within the commercial sphere, is directly related to the activity of the company and the figure of the merchant or businessman. Within the company, the employer is the one who decides on the allocation of each of the means of production, whether it is capital, materials or goods, hiring of technical and labor personnel, leasing or acquisition of premises etc ...
In reality, the concept of commerce is closely linked to that of business, it simply precedes it in time. It is not surprising, therefore, that the main code of commercial laws is called Commercial Code, within the Spanish legal system. Nor that, therefore, in the same sense, in said code it is spoken of merchant instead of referring to the figure of the businessman. Thus, a company or trade is, in short, a set of elements of a heterogeneous nature, whose relationship has to do with the economic destination to which they are assigned.
From a legal point of view, the concept of company is understood as an exercise of commerce. Or, put another way, an organized set of heritage assets, industrial activities and relationships with economic value. The word commerce comes from the Latin, "commercium", closely linked to the purchase and sale transactions. Although, there is also talk of commerce, to designate a store, or a place where commerce or a business activity is carried out.
For his part, the merchant or entrepreneur, is the one who professionally, and in his own name, exercises the trade or business activity. The same concept extends to companies or legal persons, in general, that carry out business activities. However, there is a presumption of the commercial nature of certain types of companies whatever its object, as is the case of the anonymous society or limited liability company.