Frequently Asked Questions
What is [the Order of Merchants]?
To accurately define [the Order of Merchants] it is first consequential to break down the two key words: Order and Merchant.
Order. Although the word Order has a great deal of meanings from sequencing to business, legal, religous, and other classifications, the central idea is that of a social order; whereby a institution of Merchants engage in the sciences and practices of specific ideals and values pertaining to the subject-matter--Lex Mercatoria. Members of this Order conform to terms and customs by commiting to a structure of beliefs that aid in creating a finer class of Merchant(s) with knowledge and wisdom of commercial practices akin to ordinary courses of business, performance, dealing, and usage of trade, as well as perfecting obligations of good faith, diligence, reasonableness, and care.
Order. Although the word Order has a great deal of meanings from sequencing to business, legal, religous, and other classifications, the central idea is that of a social order; whereby a institution of Merchants engage in the sciences and practices of specific ideals and values pertaining to the subject-matter--Lex Mercatoria. Members of this Order conform to terms and customs by commiting to a structure of beliefs that aid in creating a finer class of Merchant(s) with knowledge and wisdom of commercial practices akin to ordinary courses of business, performance, dealing, and usage of trade, as well as perfecting obligations of good faith, diligence, reasonableness, and care.
Merchant. As per [the Uniform Commercial Code] § 2-104(1) "Merchant" means a person that deals in "goods" of the kind or otherwise holds itself out by occupation as having knowledge or skill particular to the practices or goods involved in the transaction or to which to knowledge or skill may be attributed by the person's employment of an agent or broker or other intermediary that holds itself out by occupation as having the knowledge or skill.
This particular definition could seem slightly bewlidering as it designates "Merchant" as an occupation or emplyoment in regards with specific transactions however the main circumstance it provides for is that a Merchant is a person that deals in goods and has the skill and knowledge to conduct itself with regards to such goods. Let's further analyze what a Merchant does by defining "goods".
This particular definition could seem slightly bewlidering as it designates "Merchant" as an occupation or emplyoment in regards with specific transactions however the main circumstance it provides for is that a Merchant is a person that deals in goods and has the skill and knowledge to conduct itself with regards to such goods. Let's further analyze what a Merchant does by defining "goods".
Goods. Once again as per [the Uniform Commercial Code] § 2-103(1)(k) "Goods" means all things that are movable at the time of identification to a contract for sale;
In addition, with regards to § 9-102(a)(44), means all things that are movable when a security interest attaches.
Now, although [the Uniform Commercial Code] excludes several things from being "Goods", like commercial paper, these goods are secured by documents of title, receipts, instruments, and other paper or recorded information; thus, it is important for Merchants to not only gain a knowledge of goods, but a knowledge of all paper that documents and records goods.
However, moving back to the primary definition of "all things movable at the time of identifcation to a contract for sale", we arrive at § 2-106(1) wherein "Contract for sale" includes both a present sale and a future sale, and that a "Present sale" means a sale which is accomplished by the making of a contract, with the general definition of a "Sale" consisting of the passing of title from a seller to a buyer for a price. It is in this same subsection that "Contract" and "Agreement" pertain to the movement of goods and property.
Moving to § 1-102(b)(12) "Contract" means the total legal obligation that results from the parties' agreement as determined by [the Uniform Commercial Code], and;
§1-102(b)(3) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of perfomance, course of dealing, or usage of trade.
In addition, with regards to § 9-102(a)(44), means all things that are movable when a security interest attaches.
Now, although [the Uniform Commercial Code] excludes several things from being "Goods", like commercial paper, these goods are secured by documents of title, receipts, instruments, and other paper or recorded information; thus, it is important for Merchants to not only gain a knowledge of goods, but a knowledge of all paper that documents and records goods.
However, moving back to the primary definition of "all things movable at the time of identifcation to a contract for sale", we arrive at § 2-106(1) wherein "Contract for sale" includes both a present sale and a future sale, and that a "Present sale" means a sale which is accomplished by the making of a contract, with the general definition of a "Sale" consisting of the passing of title from a seller to a buyer for a price. It is in this same subsection that "Contract" and "Agreement" pertain to the movement of goods and property.
Moving to § 1-102(b)(12) "Contract" means the total legal obligation that results from the parties' agreement as determined by [the Uniform Commercial Code], and;
§1-102(b)(3) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of perfomance, course of dealing, or usage of trade.
With that basic introductory definement, we conclude that [the Order of Merchants] is a social institution whereby the members, otherwise known as "Merchants" practice to perfect the contracts and agreements in their individual lives and gain wisdom of the movement of titles, goods, and property, and the accounting and recording thereof to pervail in all acts, and exist in harmony with the current domestic and international system of trade by the study of special acts and rules like [the Uniform Commercial Code].
Is [the Order of Merchants] limited to the study of [the Uniform Commercial Code]?
No, [the Order of Merchants] also acknowledges Declarations, Constitutions, Codifications, Acts, Codes, Uniform Laws, and other bodies of regulations adopted publicly by Government(s) to aid in the overall understanding of commerce, [the Uniform Commercial Code] is a more general act modernizing transactions and agreements. For more information see our page titled What is the UCC?.
What is the goal of [the Order of Merchants]?
The primary purpose of [the Order of Merchants] is to address aspiring Merchants and their practices within the world by aiding them with knowledge of trade and business and how to incorporate it into their lives to become more financially secure and obtain a peace of mind that allows the members to flourish and fluidly move through Commerce with the least resistance. A great deal of information can be obtained from our UCC section.
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Check back for future updates to this section, including but not limited to updated FAQ regarding [the Order of Merchants] Port, Market, Archives, and information on how to become a member.
