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As Hadi was unsuccessful in politics, he decided to turn to trading. So, he purchased a shop in Beirut to sell home electronics. After 15

As Hadi was unsuccessful in politics, he decided to turn to trading. So, he purchased a shop in Beirut to sell home electronics. After 15 days from buying the shop, he registered himself at the Commercial Register. In order to expand his business operations, Hadi took a loan of $150,000 from BLOM Bank SAL with an interest of 9% and mortgaged () his shop as a guarantee for this loan. In order to promote his commodities, he contracted with "BROLOCY" a marketing agency for advertising his products on the agency's publications and press periodically.

Two months later, he purchased a real estate in Saida to build a family house. After six months, he visited the showroom of Ibrahim, a merchant in Tripoli, and purchased Antique appliances for his home. They agreed in the contract that the goods will be delivered to Saida within ten days from the agreement.

But Ibrahim did not deliver the Antique home appliances on time as agreed in the contract, so Hadi decided to file a lawsuit against him in front of the court.

Question Number One: (25 marks)

This case includes different acts (commercial, civil or mixed). Indicate the type of each act in the below table. Justify your answer.

Act

Type of Act (Commercial, civil, or mixed)

Hadi purchased a shop in Beirut to sell home electronics.

The act of BLOM Bank SAL.

Hadi took a loan of $150,000 from BLOM Bank SAL with an interest of 9% to expand his business operations and mortgaged his shop as a guarantee for this loan.

Hadi purchased a real estate in Saida to build a personal house to live in with his family.

Hadi contracted with the marketing agency "BROLOCY" for the purpose of advertising his products on the agency's publications and press periodically.

The act of marketing agency "BROLOCY".

Question Number Two: (25 marks)

  1. a. Explain whether the interest rate 9% that is applied on the mortgage can be changed or not. (10 marks)
  2. b. Specify which court has the jurisdiction to decide on the lawsuit raised by Hadi against Ibrahim. (15 marks)

Question Number Three: (25 marks)

A dispute arose between Hadi and "BROLOCY" concerning the place and duration of the advertisement. So "BROLOCY"'s administration expressed its intention to cancel the agreement on the basis of not having a written contract. Accordingly, Hadi presented his commercial books to the court as proof, accompanied with the postal transfers that were sent to the newspaper on a weekly basis. However, "BROLOCY"'s administration stated that the commercial books of merchants could not be used as a way of evidence since they were written and organized by Hadi.

Explain whether Hadi can use his Commercial Books as evidence in court.

Question Number Four: (25 marks)

Hadi realized that he is unsuccessful in trade, so he decided to stop trading, but did not register the termination of his business operations at the Commercial Register. After one year, he received a notice from the Tax Administration to pay the due taxes of last year. Hadi replied that he is no longer considered a merchant under the Lebanese Law.

Is Hadi obliged to register the closure of his shop in the Commercial Register? What are the legal consequences of not registering such closure?

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