Abstract

SANCLEMENTE-ARCINIEGAS, Javier. Commercial Law: From Regulation to Compliance. Estud. Socio-Juríd [online]. 2020, vol.22, n.2, pp.87-116.  Epub Aug 08, 2021. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.7958.

This paper proposes a reflection on the legal notions of compliance and economic re gulation. It analyzes how old commercial law institutions as the rights and obligations of economic agents are renewed. They are the legal tools of a modest state, which intends to continue being the guarantor of general interests. To do this, it develops new ways to control both access and behavior in the market. In this way, new tensions arise between the exercise of the right to economic freedom and the protection of the common good. These conflicts must be handled in a pragmatically, taking into account the complexity that derives from the mixture of different logics. It is observed that companies must harmonize the objective of generating profits with new obligations that require them to protect public interests. In this way, the company’s social responsibility acquires a nor mative character, since the breach of the new obligations can lead to severe sanctions, even of criminal nature.

Keywords : Commercial law economic regulation; compliance obligations of compliance; market access; normalization of the economy; criminal sanctions social responsibility of the company.

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