General law
15 important questions on General law
What are examples of Civil law?
- Personal and family law (marry/divorce)
- Property law
- Inheritance law
- Company law
What is Penal law/ Criminal law?
- Threatening certain behaviour with penalties
- Government monopoly
- Infraction vs. crime (infraction is overtreding, crime is theft, murder, assault, rape)
- Fully copied (in the Netherlands )
Characteristics of Civil law (Contract law)
- Not to be confused with the legal system
- Very large scope - Damages = Schadevergoeding Tort = Onrechtmatige daad
- More Freedoms
- Higher grades + faster learning
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What are the Basic principles of Civil law?
- Good faith (Bona fides) (know or reasonably suppose to know)
- Reasonableness and fairness
Essential for doing Business!!!
What is a Juridical act?
Intended right or obligation by a human act
What is a Factual act?
- Lawful act
- Wrongful act = Drunken drive hit a pedestrian
- Breach of contract
What is a Contract?
Written agreement
What is a Bare legal fact?
No human act (examples: Dying, being born)
What is a Juridical act?
Unilateral = Acknowledge a child
Multilateral = Sales contract
Separation in Property law?
- Corporal (tangible = Animal, table, cash <--> can be movable or immovable)
- Incorporeal (intangible)
What are examples of Proprietary and valuable rights (Patrimonial rights)?
- Right to receive payment
- Right to receive a thing
- Right to receive a service
- Other rights derived from an obligation
- Intellectual property rights
- Property rights
What are characteristics of Ownership?
- You can do with your property whatever you want
- Ownership of all parts
- Droit the suite --> Right of ownership follows the goods
- Doit the preference --> Bankruptcy
What are the rights of an Owner?
- Right to enjoy
- Right to use the fruits
- Right to pursue legal action
- Right of revindication (clame back)
- Right to establish limited rights (encumbrances)
- Right to transfer
What are categorical limitations to Ownership rights?
- Rights accorded to others 1. Limited rights 2. Personal rights
- Laws 1. Formal laws 2. Laws of lower legislation
- Rules of unwritten law 1. Rules of unwritten public laws 2. Rules of unwritten private laws
How can you abuse your rights in private law?
- Without reasonable interest + sole purpose of annoying someone else
- Disproportionately small advantage versus a disproportionately large disadvantage (consideration of interests)
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