Buisness Law

Question 1

Private law:

Answer 1

contract law
* warranties
* legal capacity
* damages
* family law
* real estate law
* inheritance law
* commercial and business law
* employment law
* property law

Question 2

Legal subjects:

Answer 2

persons, limited companies, partnerships, trusts

Question 3

Capacity

Answer 3

to act, to be subject of legal rights, to contract, to commit offences

Question 4

Property law

Answer 4

who belngs to, wh controls, who disposes
-principles: speciality (only relates to specific asset), absolute right (enforceable against everyone)
-classification: public vs private, movable vs immovable ´, tangible vs intangibles
-categories: unrestricted right in rem, sole owner, coowner, restricted right in rem
-titulus (legal basis), modus (frm of acquisition e.g. physical transfer or transfer by declaration)
-occupation (without intention to keep
-possessin (power over it, intention to keep, protection: action of breach)
-ownership (legal control over thing)
-pledge (right in rem granted to creditor if obligation not satisfied)
-easement (benefit frm another property who tolerates use, you have to abtain from use, needs to be absolutely necessary)

Question 5

Contracts

Answer 5

direct delcration of intent directed at legal effect
-two parties, offer and acceptances, consent, intention to bound)
-writing orally or implied
-types: sales, transfer of title, loan, tenancy

Question 6

retention of title

Answer 6

title remains with seller as long as uyer has not paid

Question 7

errors

Answer 7

root deficiency,
default in performance,
recission of contracts (fraud, threat,), delay,
defects (–> warranty: good free of defects, guarantee –> egal of defect bei delivery or not)

Question 8

laesio enormis

Answer 8

buyer pays a price more than double of the actual value

Question 9

damages

Answer 9

causation (caused by action or omission of another),
unlawfulness (breach of law/ contract), connection to unlawfulness (violated rule to intend to protect e.g. drivers license), degrees could be neglect, intent, knowingly),
contributory negligence

Question 10

contractual liability vs liability in tort:

Answer 10

contractual (brach contract), tort (violation of rules)

Question 11

Business law:

Answer 11

sole proprietor, partnership, corporatin, associations
-create firm name trade name
-management vs act f of represtentation
-procuration (special from of legal representation in business law, adapted to necessitiers of business transactins)

Question 12

company law:

Answer 12

partnerships (limited  at least one partner,
unlimited personal liability of partner, general at least 2 partners,
unlimited liability of partner),
gmbh und c kg,
silent partnership (undisclosed partnership, no registration), coprorations,
stock corporations

Question 13

gmbh formation

Answer 13

min share cap 35k,
bodies: shareholders meeting,
managing directre, supervisory board