Article L. 121-1 of the French Commercial Code provides that “traders are those who perform acts of commerce and make it their own occupation.” The usual criterion has been retained by the corporation whose business was civil, with these words: “Whereas a legal person, even if it is civil status, can be held in the shopping exercise a usual activity consisting of the repeated practice of commercial acts “seems to favor the objective conception by defining the trader as one who performs commercial acts.

Commercial Law dates back to Code of Hammurabi around 1730 BC, in ancient times. It becomes important in Roman law which is marked by corporatism. The Middle Ages is marked by fairs that grouped traders in several cities and have encouraged the emergence of rules and the creation of specialized courts. The Church after opposing trade, will try to reconcile with religious requirements for example by allowing payment for the changes.

In France, a turning point is taken with the French Revolution which allows liberalization. Thus, the Decree Allarde promulgated in March 1791, proclaims the commercial and industrial freedom, while the Le Chapelier law, enacted in June 1791 removes the guild system.

After World War II, the state intervenes more and more to address what he saw as the excesses of liberalism and commercial law becomes very directed.

More recently, European countries have had to adapt to Community law, including the principles of free movement of goods and services and freedom of establishment.

Wikipedia.