ITL, chapter 3
Chapter 3, Basic Concepts of Law
Chapter 3, Basic Concepts of Law
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| Cartes-fiches | 17 |
|---|---|
| Langue | English |
| Catégorie | Droit |
| Niveau | Université |
| Crée / Actualisé | 24.09.2014 / 29.09.2014 |
| Lien de web |
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What are the different fields of law ? (5)
5
What is the difference between public law and private law ?
Public law deals with relations between the citizens and the state.
private law deals with mutual relations between citizens.
What is the difference between substantive law and procedural law ?
Substantive law consists of rules that determine what people should do and that gave people rights.
Procedural law provides the rules for court procedures and for the organization of the judiciary.
What is the relation between a rule, operative facts and legal effects ?
Rules attach legal effects to operative facts.
Explain dynamic rules.
Dynamic rules add new facts to the occurrence of an event.
Explain count-as rules.
Count-as rule bring about that some things count in the law as something else as well.
Explain fact-to-fact rules.
Fact-to-fact rules attach the presence of one fact to the presence of some other fact.
Are juridical acts legal effects?
Juridical acts give legal subjects the power to bring about legal effects intentionally.
Dynamic rules attach legal effects to the performance of a juridical act because the agent intended to bring about legal effects with this act.
What are the relation between juridical act, competence and nullity ?
Only legal subject who have the competence to do so can make juridical acts. If they didn't have the competence, their act is considered as nul, without effect.
Explain duty.
Duties involve a relationship between the addressee of the duty and some kind of act that the addressee is to perform.
What is the opposite of a duty?
Duty = obligation
Obligation is the opposite of a right.
So the opposite of a duty is a right.
Explain prohibitions.
Prohibitions are duties to abstain from doing something.
Explain implicit permission.
Implicit permission to do something is the absence of the prohibition to do something.
Explain explicit permission.
Explicit permission is an exception to prohibition.
Mention three kinds of rights.
Rights against
1) a person
2) an object
3) liberty rights
Explain claims.
Claims are rights against one or more legal subjects.
Explain rights in rem.
Rights on an object are relations between the right holder and the object on which the right rests.
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