Contracts and obligations law

Question 1

Type of rules: physical rules

Answer 1

describe a phenomenon, can be verified (right/wrong).

Question 2

Type of rules: behavioural rules

Answer 2

prescribe a behaviour, cannot say if they are right/wrong. relative to a particular time and place in history.

Question 3

legal rules

Answer 3

behaviour rule and produced by a source of law. If A then B, A is the model situation B is the effect

Question 4

source of law

Answer 4

any act or fact fit to produce legal rules pursuant to the legal system

Question 5

directives

Answer 5

it is mandatory for each member state to achieve the specified result. However, the directive doesn’t dictate exactly how each country should do it; instead, it allows each country to decide on its own methods and forms to fulfill the directive.

Question 6

domestic regulations

Answer 6

instruments for the implementation of statuses

Question 7

antinomy

Answer 7

a situation where two conflicting rules are defined

Question 8

vertical antinomy

Answer 8

among sources of a different rank (hierarchy)

Question 9

horizontal antinomy

Answer 9

among sources of the same rank (chronology)

Question 10

model situation

Answer 10

a hypothetical situation

Question 11

Universal model fact

Answer 11

you can apply a model situation to anyone

Question 12

Abstract model fact

Answer 12

you can apply a model fact to any case

Question 13

effects

Answer 13

are the legal consequences that a rule attaches to a model situation

Question 14

servitude

Answer 14

a burden imposed on a field for utility of another field belonging to a different owner (slavery)

Question 15

teleological interpretation

Answer 15

the aim of the rule (why was the rule adapted, what is the goal?)

Question 16

gaps

Answer 16

if a case can’t be attached to a model situation

Question 17

cardinal principles

Answer 17

jugdes can’t deny to solve a case

Question 18

analogy

Answer 18

judges have to look for similar cases

Question 19

legal fact

Answer 19

any fact fit to produce legal effects, a legal fact is any fact provided for by a legal rule.

Question 20

natural legal facts

Answer 20

earthquake, flood, birth, death

Question 21

human legal facts

Answer 21

legal acts (the will is relevant for the statute, sale of goods, marriage, tort, default)

Question 22

negoti

Answer 22

sales of goods, marriage, last will (these acts produce not only effects provided for in provisions, but also effects set out by who carries out these acts)

Question 23

People

Answer 23

are the subjects of law in our legal system

Question 24

legal capacity

Answer 24

to be able to be a right holder, it is acquired at birth

Question 25

Capacity to act, majority

Answer 25

fixed at 18 years old, you are able to carry out acts

Question 26

incapacity to act

Answer 26

1. minors who are less than 18 years old
2. juridical interdiction: mental illness
3. legal interdiction: sentenced to five or more years in prison

guardian to carry out acts in the name and on behalf of the incapable person

Question 27

natural incapacity

Answer 27

a person wo. was proved to be incapable of understanding at the time acts were performed

examples:
1. mental illness but not prohibited (lasting reason)
2. occasionally uses alcohol or drugs (transient reason, temporary short term)

Question 28

legal enitities

Answer 28

recognised by a public authority (registered associations and foundations)

Question 29

association (people)

Answer 29

private non profit organisation group of people who get together in order to pursue a legal purpose through a common asset

Question 30

foundation (assets)

Answer 30

private non profit organisation. assets are dedicated to a purpose established by the founder (assets, purpose, founders, organisation)

Question 31

not recognised entities

Answer 31

The assets of the unregistered association can be used to pay creditors. If the assets of the unregistered association are not sufficient, people who have acted in the name of, and on behalf of the association, are personally and jointly liable with their own assets.

Question 32

obligation

Answer 32

relationship between debtor and creditor

debtor carries out certain performance towards creditor

creditor needs the debtor to achieve goal

Question 33

effect of the due performance

Answer 33

obligation is satisfied and is no longer in effect

Question 34

patrimonial nature of performance

Answer 34

performance must be capable of economic evaluation and correspond to an interest of the creditor

Question 35

capable of economic evaluation

Answer 35

capable of being transformed into money

Question 36

who has to perform?

Answer 36

debtor and third person

Question 37

civil obligation

Answer 37

obligation has a juridical nature

Question 38

contract liability

Answer 38

debtor who does not render due performance is liable for damages, with their present and future assets

Question 39

enforcement proceedings

Answer 39

legal actions to make sure that what a court decided actually happens

Question 40

natural obligations and three conditions

Answer 40

moral or social duties to perform conditions:

1. spontanity of performance
2. capacity of performer
3. moral/social duty to perform