PART 1 (CHAPTER 3)

Question 1

The Legal Relationship

Answer 1

a connection between two or more parties that is governed by the law, it outlines the rights, duties and responsibilities of those involved (ex. buyer and seller)

Question 2

Elements of legal relation

Answer 2

Subjects
Object
Fact
Guarantee

Question 3

Elements of legal relation (Subjects)

Answer 3

the subject of a legal relationship are persons: natural persons or legal persons
The legal relationships have:
- an active side -> the holder of the right
- a passive side -> the party bound by the obligation

Question 4

Legal personality

Answer 4

ability to hold rights and to be subject to obligations (qualitative concept)

Question 5

Natural persons

Answer 5

also called a physical persons, are the individuals. They acquire their legal personality at the moment of birth (any human being)

Question 6

Legal persons

Answer 6

organizations, created with legal purpose, to which the Law recognizes the ability of having rights and being bound by obligations

Question 7

Types of legal persons

Answer 7

Organizations where the personal element prevails: associations, companies, non-profit organisations
Organizations where the patrimonial element prevails: foundations

Question 8

Legal capacity

Answer 8

measure of rights and obligations (quantitative concept), it is what a human can do within the framework of a legal system

Question 9

Generic legal capacity

Answer 9

that which includes the totality of rights and obligations recognized in a legal order

Question 10

Specific legal capacity

Answer 10

that which includes only certain categories of rights and obligations

Question 11

Legal capacity to enjoy

Answer 11

measure of rights and obligations that a person may hold or be subject to

Question 12

Legal capacity to exercise

Answer 12

measure of rights and obligations that a person can exercise personally and freely

Question 13

Legal incapacity

Answer 13

measure of rights and obligations a person is incapable of holding or being subject to

Question 14

Can incapacity be remedied?

Answer 14

it is not possible to remedy the legal incapacity to enjoy, however it is possible to do so in relation to the incapacity to exercise

Question 15

Legal means to remedy incapacity

Answer 15

legal institutes created to solve the technical and legal problems arising in connection with a situation of incapacity (the legal means to remedy the incapacity of minors are the paternal authority and legal guardianship)

Question 16

Object of the legal relationship

Answer 16

1. The immediate object - set of rights and obligations
2. The mediate object - things and conducts

Question 17

Things

Answer 17

things are inert and autonomous reality that are susceptible of ownership or legal effect

Question 18

Classification of legal things

Answer 18

1. Things in commerce/ things out of commerce
2. Movable/ non movable
3. Fungible/ not fungible
4. Consumable/ non consumable
5. Divisible/ non divisible
6. Existent/ future

Question 19

Non movable things

Answer 19

1. rural and urban properties
2. water
3. trees, shrubs, and natural fruit (while connected to the soil)
4. rights to inherent to the properties
5. integrant parts of rural and urban properties

Question 20

Movable things

Answer 20

things that are not listed in article 204 of the Civil Code (Ex: a book, a hat, a watch, etc.)

Question 21

Fungible things

Answer 21

goods measured by type, quality and quantity, fungible goods can be replaced by others of the same type, quality or quantity

Question 22

Non fungible things

Answer 22

can not be measured by genre, quality, and quantity nor can they be replaced by others of the same genre, quality or quantity (a painting by Degas, goods with sentimental value, etc.)

Question 23

Conducts

Answer 23

refers to the behaviour or actions of a person or entity

Question 24

Types of conducts

Answer 24

1. De dare
2. De facere
3. De non facere

Question 25

De dare conducts

Answer 25

required conduct is related to a thing, to the obligation of delivering something (I paid for a good, I am entitled to receive the good)

Question 26

De facere conducts

Answer 26

required conduct is an action or an activity. The conduct consists of doing something (to lecture a class or do a surgery)

Question 27

De non facere

Answer 27

required conduct is an omission or an obligation to tolerate something (obligation to not build in a certain land)

Question 28

Fungible obligations/conducts

Answer 28

can be carried out by a person other than the debtor with no prejudice to the creditor (Ex: I lend 50 bucks to someone, it’s indifferent where the payment comes from)

Question 29

Non fungible obligations/conducts

Answer 29

can only be carried out by the debtor and not by anyone else (Ex: I ask someone to decorate by new home, having someone else to decorate it is unacceptable)

Question 30

Facts

Answer 30

legal facts are all the events/occurrences that generate legal effects
Such events can be:
Natural facts: earthquakes, tsunamis, etc.
Voluntary human facts or legal acts: legal acts can be legal or illegal

Question 31

Legal acts

Answer 31

legal acts constitute of (i) simple legal acts or (ii) legal businesses

Question 32

Simple legal acts

Answer 32

expression of will which, as such, produces legal effects (Ex: I verbally abuse someone, thus I am liable to pay damages)

Question 33

Legal businesses

Answer 33

acts carried out with the intention of producing legal effects

Question 34

Legal businesses types

Answer 34

Unilateral
Bilateral

Question 35

Unilateral business

Answer 35

there is only one will, one party (a person’s last will and testament, a power of attorney, the act of establishing a foundation)

Question 36

Bilateral business

Answer 36

requires the will of two or more people, pursuing different interests that come together in order to obtain an agreement (Ex: contracts)

Question 37

Legal facts can be:

Answer 37

Constitutive
Modifying
Extinctive

Question 38

Constitutive facts

Answer 38

facts that generate legal relationships (Ex: a person is born, people get married, a contract is signed)

Question 39

Modifying facts

Answer 39

facts that change, amend or modify a legal relation (Ex: the amendment of a contract)

Question 40

Extinctive facts

Answer 40

facts that extinguish legal relationships (Ex: the payment of debt)

Question 41

Guarantee

Answer 41

assurance made by one party (the guarantor) to another party (the beneficiary) that they will fulfill their obligations or duties of a third party (the principal) if the principal fails to do so.