Chapter 3: Legal Facts and Acts

Question 1

Facts vs. Acts

Answer 1

Facts are proper occurrences vs. Acts are human conduct.

Question 2

Legal Acts (definition)

Answer 2

By definition, a legal act is an action which may be sanctioned by law. It thus implies rights and duties

Question 3

Mere acts vs. legal acts

Answer 3

For mere acts the law ignores whether they have been commuted willfully or voluntarily. Legal acts must be carried out with intention e.g. marriage is invalid if “mere act”.

Question 4

nulla poena sine lege

Answer 4

In criminal law, principle of nulla poena sine lege applies. There is no crime where no law provides.

Question 5

Violation of interests (aim of the law)

Answer 5

The aim of private law is to safeguard interests – hence, we must establish whether a certain conduct goes against interests protected by law.

Question 6

Classification of unlawful acts

Answer 6

Unlawful acts may be criminal, administrative or civil.

We can classify these either as contractual (debtor-creditor) or non-contractual (or tort).

Question 7

Art. 2043 CC- Tort law

Hint: compensation & conditions

Answer 7

In the case of tort, the wrongdoer is under the obligation to compensate for damages if it was an intentional/negligent act, if he had legal capacity to act, if the injury caused was an immediate consequence of the act and if the injury was “unjust”.