Recht Basics

WHO WANTS WHAT FROM WHOM ON WHAT LEGAL BASIS?

1. who from whom?

2. content - what does the party want?

3. on what legal basis?

-statutory basis (Tatbestand needed for legal consuquences - it needs to fulfill an obligation)

1. Contractual claims ( performance, compensation for non performance)
2. Quasi contractual claims (culpa in contrahendo, agency without authority)
3. Non contractual liability ( rights in rem: obligation to restitute objects according to art 641, para 2 cc, obligations arising from torts: e.g. damages according to art. 41 CO)
4. Claims arising from unjust enrichment. (art. 62 et seq. CO)

1. Has a claim arisen? (contract? tort committed?)
2. Has the claim ceased to exist? (was the claim in the meantime fullfilled, forfeited? - see art 41 para 1 CO)
3. Is the claim actionable? (Timebarred?)

Who wants what from whom on which legal basis?

1. Julia (who) wants compensation for losses (wants what) incurred from Mike (from whom). Obligation arising from torts. Statutory basis is art 41 para 1.
2. tatbestand: 1 adequate cauality 2 fault, 3 illegality and 4 loss or damage. are thes fullfilled - damages = legal consequence
3. has a claim been arisen?
4. four requirements interpreted. (loss or damage - pecuninary disadvantage through treatment costs)
5. not able to go on vacation not a loss in legal sense because it is not a pecuniary disadvanatge.
6. Rightd for compensation have not ceased to exist (text gives no clue).
7. Therefore julia has the right to demand damages for treatment costs (if all other requirements are also given).
8.  

civil law, common law (case law), hybrids (combination of codes, case law, religious law, customary law)

Law of persons, family law, inheritance law, property law

General principles of contract law, specific contracts, company law

• legal capacity art 11
• The ability to create rights and obligations - capacity to act (art 12 et seq.CC): 18 years old (art 14 CC) and capable of judgement (art 16 CC)