Law

Question 1

What is private law?
Name its three branches.

Answer 1

Private law, also known as civil law, concerns the legal relationships between private individuals or organizations. And so it disciplines horizontal relations.
It is distinguished between three branches:
Civil law
Commercial law
Employment law

Question 2

What is public law and which branches does it contain?

Answer 2

Public law, on the other hand, concerns the relationship between individuals or organizations and the state, discipling vertical relations. It is concerned with regulating the conduct of the state and its agencies, as well as the relationships between the state and its citizens.
It has four branches including constitutional law, administrative law, criminal law and fiscal law.

Question 3

What is civil law system?

Answer 3

The civil law system, also known as the Roman law system, is derived from the legal system of ancient Rome. It is characterized by a codified set of laws that are written down and published, and judges are expected to apply the law as written. This means that the legal system is based on statutes and codes, rather than on precedent or case law.
Civil law systems are used in many countries, including France, Germany, Spain, and Italy.

Question 4

What was the first type of civil code?

Answer 4

The first type of civil code was the civil code of Napoleon enacted in 1804 which had the purpose, just like every civil code created late on, to create a source which was organic that contained a systematic order of rules and to make the law more serving.

Question 5

What is the role of equity in common law systems?

Answer 5

Equity is an important aspect of common law systems and refers to a set of legal principles that developed in England to provide a remedy in cases where the strict application of the law would result in an unjust outcome.

The role of equity in common law systems is to ensure that the law is applied in a fair and just manner, even in cases where the strict application of the law would result in an unjust outcome.

Question 6

What is hard law?

Answer 6

Hard law refers to legally binding instruments or norms that are enforceable through domestic or international courts or tribunals. Examples of hard law include treaties, conventions, statutes, regulations, and court decisions. These legal instruments are mandatory and have a clear and direct impact on the behavior of states, individuals, and organizations.

Question 7

What is soft law?

Answer 7

Soft law refers to non-binding legal instruments or norms that do not have the same degree of legal force as hard law. Soft law may take the form of guidelines, codes of conduct, principles, or recommendations. These instruments are not legally enforceable, but they may still have an impact on the behavior of states, individuals, and organizations.

Question 8

What are natural persons?

Answer 8

Natural persons are human beings with legal personality. They are individuals who are born and have legal rights and obligations throughout their lives. Natural persons have a variety of legal rights, including the right to life, liberty, and property. They are also subject to legal obligations, such as paying taxes and obeying the law. All individuals have legal capacity which means they are eligible to have rights and duties.

Question 9

What are artificial persons?

Answer 9

Artificial persons or corporate entities, have an autonomous
subject, independent from its members which has both legal capacity and capacity to perform legal transactions.
Legal personality makes the members of the company totally independent from the company, so they are secure that they won’t have to put their own money and assets
in the case in which there might be debts to pay.

Question 10

Two types of entities?

Answer 10

Profit and Non-profit entities.

Question 11

How can recognition be obtained?

Answer 11

Recognition (bring legal personality) can be obtained by:
- Public deed: written with the aid of a notary, later certified by the notary
- Asset compliant with requirements: fit for the purpose, it could be contributed by the founders, via business activity or collected by donations.
- Purpose licit and possible:
- Internal democratic order: compliant with human rights and non-discriminatory rules must be stated.

Question 12

What is legal capacity?

Answer 12

Legal capacity refers to an individual’s ability to have rights and obligations under the law. It is the ability to act in one’s own right, to make decisions, to own property, and to enter into legal relationships and for natural persons it is obtained at the moment of birth until the moment of death, while for corporate entities it is acquired consecutively to their establishment.

Legal capacity is a fundamental principle of law and is recognized in both private and public law.

Question 13

Remedies to protect the incapable:

Answer 13

• Guardianship or conservatorship
• Power of attorney
• Trusts
• Court-appointed counsel
• Protective orders

The goal of these remedies is to protect the interests and rights of individuals who lack legal capacity.

Question 14

What are legal facts?

Answer 14

Legal facts are events or circumstances that have legal significance. Those are events that happen either naturally or human facts and that have effects in front of law (the birth of a child or animal is a fact since it enlarges my property on
the animal and arises duties on my side to the child, being the parent or possessor of the animal)

Question 15

What are legal acts?

Answer 15

Legal acts are actions taken by individuals or entities that have legal significance. Those are performed by human beings for a specific purpose. It modifies the legal sphere of the individual and has legal consequences.

Question 16

What are legal transactions?

Answer 16

Legal transactions are exchanges of goods or services between
individuals or entities. Those are the indication of one’s whishes which effects are in compliance with these wishes. They are human lawful acts and could be unilater or plurilateral.

Question 17

What are contracts?

Answer 17

It is the agreement between two or more parties to establish, regulate or extinguish a legal relationship having patrimonial content (Art. 1321 CC). Contracts can be written or oral and can be entered into by natural persons or corporate entities.
Contracts can create legal rights and obligations for the parties involved, and can be enforced through legal means if necessary.
To be valid they have to have the four fundamental requirements pursuant to Art. 1325 CC (agreement, subject matter, cause, form) and could be declared void if the contracts lacks one of these requirements or has the cause/subject matter unlawful or voidable if one of the parties is considered to be incapable or if there are vices of will involved.

Question 18

What are personality rights?

Answer 18

Personality rights refer to the legal rights that protect an individual’s identity, image, reputation, and privacy. These rights are recognized in many countries around the world and are considered to be a subset of human rights.

Question 19

Ways to protect personality rights?

Answer 19

Consent
Copyright
Trademark
Privacy laws
Defamation laws

Question 20

What is legal personality?

Answer 20

Legal personality is a concept in law that refers to the capacity of an entity to have legal rights and obligations. This means that the entity is recognized by the law as a separate and distinct entity from its owners or members, and has the ability to enter into contracts, own property, sue and be sued, and engage in other legal activities. While its members are totally independent from the outcomes of the entity, so, in case of debts, they won’t have to pay their own money/asset.

Question 21

What is patrimonial autonomy?

Answer 21

Patrimonial autonomy refers to the ability of a legal entity to manage its own assets and liabilities independently from its owners or members. This means that the entity has its own patrimony, or set of assets and liabilities, that is separate from those of its owners or members.

Question 22

Role of non-profit entities, foundations and associations.

Answer 22

Non-profit entities, foundations, and associations are all types of legal entities that are typically created for charitable, philanthropic, or other non-commercial purposes.

Question 23

What are foundations?

Answer 23

Foundations are a specific type of non-profit entity that are usually created by individuals or corporations for the purpose of providing charitable or philanthropic support to specific causes or organizations. For foundations it is compulsory to be recognized, so are always classified as legal entities and they typically have a board of directors or trustees that oversee their operations and are subject to specific legal and tax requirements.

Question 24

What are associations?

Answer 24

Associations, also known as non-profit associations, are another type of non-profit entity that are typically created by groups of individuals for the purpose of pursuing a common goal or interest, this is why the main element is the group of persons. They could be both recognized or not recognized.

Question 25

Foundation vs association

Answer 25

One key difference between foundations and associations is that foundations usually have a specific charitable or philanthropic purpose, while associations can have a broader range of objectives. Another difference is that foundations are typically created with a significant endowment or funding, while associations rely more on membership fees and donations.

Question 26

When does the breach of contract occur?

Answer 26

In general, a breach of contract occurs when one party fails to perform their obligations without a valid legal excuse. The injured party may then seek remedies such as damages, specific performance, or termination of the contract.

Question 27

What are banking foundations?

Answer 27

Banking foundations are a specific type of non-profit foundation that are typically created bybanks or financial institutions for the purpose of promoting social and community welfare. A banking foundation has shares in the bank held, by which it controls the bank and takes the assets to achieve its purpose. Its aims are social purposes and the promotion of the economic development. It could have many fields of interests including volunteering, education and training, care for elderly persons, civil and political rights.

Question 28

When is an offer in contract accepted?

Answer 28

An offer is accepted in a contract when the offeree communicates their unconditional agreement to the terms of the offer to the offeror. In other words, the acceptance must be clear, unequivocal, and communicated to the offering party.

Question 29

When can offer be revoked?

Answer 29

An offer can be revoked by the offeror at any time before it is accepted, unless the offer iirrevocable for a specific period of time or for a specific reason.

Question 30

Revocation of an acceptance

Answer 30

Revocation of an acceptance in a contract is generally not allowed. Once an offer has been accepted, a binding contract is formed between the parties, and it cannot be unilaterally cancelled or revoked by either party.

Question 31

What is an offer to the public?

Answer 31

An offer to the public is a type of offer made by a company or organization to sell securities or other financial instruments to the general public. This type of offer is typically made through a prospectus or other public disclosure document and is regulated by securities laws in most jurisdictions. In an offer to the public, the company or organization offers to sell its securities to anyone who is interested in buying them, subject to certain conditions and requirements. Offer to the public cannot be revoked once it has been made.

Question 32

Termination of an offer

Answer 32

The termination of an offer can occur in a number of ways in contract law, depending on the circumstances and the terms of the offer. Here are some of the most common ways an offer can be terminated: - Revocation - Rejection - Counteroffer - Lapse of time - Death or incapacity - Destruction of subject matter

Question 33

Promise to the public vs offer to the public:

Answer 33

The promise to the public occurs when I promise to give the public something if someone does/makes something for me. Once the requirements of my promise are stated to the public, I’m obliged to keep it. Unlike the offer to the public, which is a concrete contract, the promise to the public is not a contract since there is no need for acceptance, once the person puts in place the action, the offeror is obliged to keep the promise.

Question 34

What is a preliminary contract?

Answer 34

A preliminary contract, also known as a pre-contract or a "contract to contract," is a type of agreement in contract law that establishes the basic terms of a future contract between the parties. It is typically used in situations where the parties need more time to finalize the details of their agreement or where certain conditions need to be met before the final contract can be signed.

Question 35

Consequences of termination of preliminary contract.

Answer 35

The consequences of termination of a preliminary contract depend on the terms of the contract and the reason for termination. Here are some possible outcomes: - Specific performance - Breach - No further obligations - Obligations to negotiate in a good faith

Question 36

What is a pre-emption contract?

Answer 36

A pre-emption contract, also known as a right of first refusal contract, is a type of agreement in which one party agrees to give another party the right to buy a particular asset or property before it is sold to a third party. The purpose of a pre-emption contract is to give the second party the opportunity to purchase the asset or property at a predetermined price or on predetermined terms. It is a sort of promise to the counterparty that, IF he decides to sell or perform the activity, the counterparty will be the addressed party.

Question 37

What are consequences of termination pre-emption contract?

Answer 37

The consequences of termination of a pre-emption contract depend on the terms of the contract and the reason for termination. Here are some possible outcomes: - Loss of the right of first refusal: - Damages - Right to sue - No further obligations

Question 38

What is an option contract?

Answer 38

An option contract is a type of agreement in contract law that gives one party the right, but not the obligation, to buy or sell a particular asset or property at a predetermined price within a certain period of time. The party who holds the right is known as the "option holder" or "optionee," while the party who is obligated to sell or buy the asset or property is known as the "option writer" or "grantor."

Question 39

Two main types of option contracts

Answer 39

1. Call option: A call option gives the option holder the right to buy a particular asset or property at a predetermined price within a certain period of time. 2. Put option: A put option gives the option holder the right to sell a particular asset or property at a predetermined price within a certain period of time.

Question 40

What is negotiation of the contract?

Answer 40

Negotiation of a contract refers to the process of discussion an compromise between two or more parties with the aim of reaching an agreement that satisfies the interests of all parties involved. The negotiation process typically involves a series of steps, including: - Preparation - Disscussion - Proposal and counterproposal - Agreement

Question 41

What is pre-contractual liability?

Answer 41

Pre-contractual liability refers to the legal responsibility that a party may have before a contract is formed, during the negotiation or preparation stage. This liability arises from a party's failure to disclose or provide accurate information, or from a party's misrepresentation or breach of a pre-contractual duty of good faith.

Question 42

What is contractual liability?

Answer 42

Contractual liability, on the other hand, refers to the legal responsibility that a party may have under the terms of a contract. This liability arises from a party's failure to fulfill their contractual obligations or from a breach of contract.

Question 43

What are consumer contracts?

Answer 43

Consumer contracts are agreements between a consumer and a business or seller. These contracts are governed by laws and regulations that protect consumers from unfair or deceptive practices and ensure that businesses provide clear and accurate information about their products and services. These laws may require businesses to provide consumers with certain information, such as the terms and conditions of the contract, the price of the goods or services, and any fees or charges that may apply. They may also prohibit businesses from engaging in certain unfair or deceptive practices, such as false advertising, bait-and-switch tactics, or hidden fees.

Question 44

What is Article 33 in I.C.C?

Answer 44

Article 33 of the Italian Consumer Code provides protection to consumers against unfair terms in contracts with professionals. In addition to Article 33, the Italian Consumer Code also includes a "black list" (pursuant to art. 36) and a "grey list" of terms that are presumed to be unfair or potentially unfair, respectively, in contracts between professionals and consumers.

Question 45

What is black list?

Answer 45

The black list includes terms that are always considered unfair and therefore null and void, regardless of the circumstances.

Question 46

What is gery list?

Answer 46

The grey list includes terms that may be considered unfair depending on the circumstances of the case. These terms are not necessarily null and void, but the burden of proving their fairness falls on the professional.

Question 47

What is a void contract?

Answer 47

A void contract is one that is considered to be invalid from the beginning, usually because it lacks or has unlawful cause/subject matter (contrary to mandatory rules, public policies and morals). A void contract has no legal effect and cannot be enforced by either party.

Question 48

What is a voidable contract?

Answer 48

A voidable contract is a legally valid agreement but contains certain defects that allow one of the parties to cancel or "void" it if they choose to. Unlike a void contract, which is invalid from the start and cannot be enforced, a voidable contract remains valid unless the party with the right to void it takes action to cancel it. The time lapse to declare the voidable contract is 5 years, before then, the contract remains effective.

Question 49

What are the vices of will?

Answer 49

The vices of will refer to defects that affect the will of a party in entering into a contract. They include: - Mistake - Duress - Fraud - Undue influence

Question 50

What is a erroneous belief?

Answer 50

An erroneous belief refers to a mistake or misunderstanding made by one or both parties about a material aspect of a contract.

Question 51

What is laten ambiguity?

Answer 51

Laten ambiguity refers to a situation in contract law where the language used in a contract appears clear and unambiguous on its face, but there is a hidden or implied ambiguity that becomes apparent when the contract is applied to a specific situation or set of circumstances. The parties apparently refer to a term (the same term), when they instead mean different terms. In other words, the ambiguity is not obvious from the contract itself but only becomes apparent when the contract is put into effect.

Question 52

What is misrepresentation or fraud?

Answer 52

In contract law, misrepresentation refers to a false statement of fact that induces one party to enter into a contract with another party. Misrepresentation can be intentional or unintentional and can give rise to a cause of action for the party who was induced to enter into the contract.

Question 53

What are the two types of misrepresentation?

Answer 53

Innocent misrepresentation occurs when a party makes a false statement of fact, but honestly believes it to be true and has reasonable grounds for that belief. Even though the statement is false, the party making the statement did not intend to deceive the other party. Fraudulent misrepresentation occurs when a party makes a false statement of fact with the intention of deceiving the other party and inducing them to enter into the contract. Fraudulent misrepresentation is also known as fraud, and it can give rise to a cause of action for damages, rescission of the contract, or other remedies.

Question 54

What is duress?

Answer 54

Duress refers to situations where one party uses actual or threatened violence or other improper pressure to force the other party to enter into a contract. The party who is forced into entering the contract does so unwillingly, and under duress.

Question 55

What is undue influence?

Answer 55

Undue influence, on the other hand, refers to situations where one party uses their position of power or authority to influence the other party to enter into a contract that they may not have otherwise entered into. This can include situations where one party takes advantage of a vulnerable or dependent position that the other party is in, or where one party has a special relationship of trust and confidence with the other party.

Question 56

Difference between duress and undue influence?

Answer 56

The key difference between duress and undue influence is that duress involves the use of force or violence, while undue influence involves the abuse of a position of power or trust.

Question 57

What are various breach of contracts?

Answer 57

- Refusal to perform - Force majeure - Defective performance - Late performance

Question 58

What is Fundamental non-performance?

Answer 58

Fundamental non-performance is a term used in contract law to describe a type of breach of contract that occurs when one party fails to perform a fundamental obligation under the contract. This is a serious breach of contract and can occur when one party fails to perform a key obligation that goes to the very heart of the contract.

Question 59

When can a party ask for termination of the contract?

Answer 59

A party can ask for termination of a contract when the other party has committed a material breach of the contract or when the contract provides for a right to terminate in certain circumstances or for mutual agreement between the parties. (learn more from notes)

Question 60

What are the requirements for the termination of a contract because of breach?

Answer 60

The requirements for the termination of a contract because of breach will depend on the terms of the contract and the applicable law. However, there are some general principles that apply in many jurisdictions: - Fundamental breach - Notice - Opportunity to cure - Reasonable time - Good faith - Legal requirements

Question 61

What is anticipatory breach?

Answer 61

Anticipatory breach, also known as anticipatory repudiation, occurs when one party to a contract indicates to the other party that they will not perform their contractual obligations before the performance is due. In other words, the party repudiates or renounces the contract before it is due to be performed. Anticipatory breach is significant because it allows the non-breaching party to treat the contract as terminated and sue for damages immediately, without waiting for the time for performance to arrive.

Question 62

What happens once the contract is terminated?

Answer 62

Once a contract is terminated, the rights and obligations of the parties are affected depending on the terms of the contract and the circumstances of the termination. Here are some general consequences of contract termination: - End of performance - Remedies for breach - Obligations survive termination - Return of property - Release from liability - No new obligations

Question 63

What is claim for damages?

Answer 63

A claim for damages is a legal claim made by one party against another party for compensation for losses or harm suffered as a result of a breach of contract or other legal wrongdoing. In the context of contract law, a claim for damages typically arises when one party fails to perform their obligations under a contract, causing the other party to suffer financial or other losses.