ISSN 2305-9729

Año XIV (2022), No. 26

La problemática del libro III del código de comercio de 1942 y como superar dicha condición histórica



Since very ancient times, human beings have had the need to move themselves and to transport merchandise and products through the sea in order to satisfy their commercial needs. However, maritime transport, being such an ancient practice, has had to be in constant evolution, adapting to the social environment of each place and time. Nowadays, since there are so many legal relationships that can be generated in the maritime field, it is also necessary to have an updated internal legislation on the subject, thus providing legal certainty to businesses that are managed at sea.

Guatemala does not have an updated internal regulation, nor adapted to globalization and the technological advances that, over time, have created more favorable mechanisms for maritime trade; to this date, they have had to resort to procedures granted by international organizations due to the lack of adequate internal legislation.

This problem originates in 1970, the year in which the current Commercial Code was issued. However, when Decree 2-70 was issued, the old Commercial Code of 1942 was not completely repealed, leaving Book III in force, the book that, to date, governs maritime trade in Guatemala. In Guatemala, the regulation on maritime trade has not undergone changes since 1942 and what is related to the matter continues to be governed by rules written from medieval times, regulations that contemplated situations that today have been overcome.


1. Introducción

2. Derecho Marítimo en la legislación guatemalteca

3. Problemática del Libro III del Decreto Gubernativo 2946

4. Propuesta de solución ajustada a la realidad guatemalteca