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integrative > business law > Flashcards

business law Flashcards

1
Q

civil law

A 
->relationship between individuals 
warranties 
damages
contract law
employer law 
commercial law
property law
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2
Q

legal relationships

A

absolute right: towards objects
relativ right: towards persons
other absolute right: privacy, not bring filmed without consent

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3
Q

legal subjects

A

-natural person:everybody
-legal person: own legal entity
gmbh, AG
-partnerships

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4
Q

legal capacity

A

capacity to act: create rights and obligations through ones actions
capacity to conclude contracts
-some with 14 all with 18 except harming themselves
capacity to commit offences:
-with 14

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5
Q

representation

A

indirect representation:
-agent concludes contract in his name but in account of principle
direct representation:
-agent concludes contract in name and for account of of principle

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6
Q

principles of property law

A

law of property
-relationships of legal entity to asset
law of obligation
-relationship between people

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7
Q

occupation-possession-ownership

A

ownership
-legal and physical control over asset
possession
-control over asset with intention to keep it
occupation
-power over asset with no intention to keep it

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8
Q

categories of property

A 
unrestricted right in rem
-ownership
restricted right in rem 
-easement 
-right of retention
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9
Q

modes of obtaining possession

A

physical
symbolic
per port
per declaration

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10
Q

breach of title

A

filed by possessor object
within 30 days
only possession and disturbance negotiable

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11
Q

ownership

A 
dispose object, exclude others from using it
actual co-ownership
-you own a part of something 
simple co-ownership
-own percentage
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12
Q

pledge

A

right in rem creditor gets if not satsified

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13
Q

easement

A

right to profit from another ones property

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14
Q

land register

A

sheet A: description of property
sheet B: ownership conditions
sheet C: restrictions on disposal

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15
Q

types of contrectual obligations

A

major obligations
accessory obligations
protection and care obligations

  • you buy a tv
  • the tv has to be installed
  • while installing the tv they must not damage the floor
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16
Q

retention of title

A

the title remains with the seller until they got paid

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17
Q

defficiencies

A 
root deficiency 
absolute nullity (legal capacity)
relative nullity (usury)
recession (fraud, error)
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18
Q

fraud and threat

A

fraud: intentionally providing wrong info
threat: threat to force somebody to sign

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19
Q

laesio enormis

A

buyer paid more than double of the actual value

-recession, seller pays the difference

20
Q

warranty

A

implied warranties: imposed by law

express warranties: specifically stated in contract

21
Q

remedies for warranty

A

primary (repair, replacement)

secondary (price reduction)

22
Q

damages preconditions

A 
damage 
causation
unlawfulness
connection to unlawfulsness
fault
23
Q

types of damages

A

financial damage
-loss of property measurable in money
immaterial damage

24
Q

unlawfulness

A

breach of law
breacv of contract
infringment of absolute rights
violation if morality

25
Q

degrees of fault

A 
negligence 
-slight: drives even though tired
-gross: drives after partying the whole night
intent
-you know damage will happen still do it
26
Q

forms of compensation

A 
in rem restitution 
-restitution of object
-repair
-provision of similar object if destroid
compensation in money
27
Q

extent of damage

A 
actual loss (case of slight negligence)
loss if profit (only with gross negligence or intent)
28
Q

contractual liability vs liability in tort

A 
contractual
-when breaching contract 
-liability for actions of agents
-wrongduer must proof inocence
tort
-violation of rules
29
Q

absolute liability

A

liability without faul

because of objects being dangerous like cars

30
Q

definition of entrepreneur

A

person carrying business
business=permanent orga of independent economic actitivty
-permanent= not occasionally
-independant=with own name and account
-economic=valuable services offered on market

31
Q

commercial register (obligation, voluntary)

A

obligation

  • cooperatives, corporation, partnership
  • entrepreneur income more than 700.000€ a year

voluntary
-freelancer, farmer

no registration

  • partnerships under civil law
  • silent partnerships
  • associations
32
Q

management vs act of representation

A

management:
-legal actions aimed at achieving purpose of company
representation:
-relationship between company and third party

33
Q

extraordinary managerial transaction

A
  • beyond extent of previous business operations or scope of company
  • incurrence of high loans
  • merging anf acquistion
34
Q

procuration

A

special form of legal representation
-agent acting in entrepreneurs name

extent:
-ordinary and extraordinary transactions 
not:
-commercial register registration 
-liquidation of enterprises

termination:

  • withdrawal of entrepreneur
  • termination of agent
  • death of agent but NOT entrepreneur
  • loss of legal capacity of agent
  • insolvency of agent
35
Q

types of companies

A 
partnerships:
general 
limited
civil law
silent

corporations:
limited liability
stock corps
scietas europeae

36
Q

sole proprietorship

A

not partnership

capital by proprietor and businrss managed by proprietor

37
Q

civil law partnership

A

no registration in commercial register
partners personal liable for obligations of business
e.g. freelancers

38
Q

principles of partnership law

A

general partner
-all partners fully liable and treated same
limited partnership
-some partners fully liable other limited
-partners treated differently

==> no seperate legal entity

39
Q

gmbh and co kg

A

special firm of limited partnerhsip

mostly treated like corporation

40
Q

silent partnership

A

one partner only makes capital contributions but has no managrment rights and is not liable

41
Q

gmbh formation

A
  1. share capital
    - 35000 but for priviledged formation only 10000 but must be increased to fill amount in 10 years
    - pay in 50% upon formation
  2. articles or association
  3. register in commercial register
42
Q

gmbh main bodies

A

shareholders meeting
managing directors
supervisory board

43
Q

shareholders meeting - gmbh body

A

principle decision making bidy
regular meetings in seat
simple majority vote

44
Q

repayment if contributions

A

vis dividends

payment to shareholder with atms length principle

45
Q

equity replacing shareholder loans

A

in case of crisis loan of shareholder can be treated like equity and in event of insolvency won‘t be reclaimed

46
Q

managing directirs - gmbh body

A

carry out and control day to day business
represent company
appointed by shareholders resolution

liability:
dury of care (manage correctly and perfom duties)

dury of loyalty (confidentiality, no exploition if business)

civil liability (repayment of capital contributions, liability towards

corporation for financial losses and liability towards creditor)

libiality towards public authorities (liability for tax matters->personal liable in case if failing)

criminal liability (tax evasion, insolvency offences)

integrative (15 decks)

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