Títulos Valores y Derecho Mercantil

Abstract

In this article two questions are met in connection with the systematics of the
general theory of commercial papers or negotiable instruments. First, the question
is considered of wether that theory pertains, as a general private Law doctrine, to
the General Private Law (or “Derecho Civil”) or to the Commercial Law (“Derecho
Mercantil”). Then the article deals with the problem of wether the same general
theory of commercial papers is a part of Property Law or of the Contract Law. In both
cases, the argumentation leads to a preference for the second alternative.