Test 2

Question 1

Unjust law Natural law perspective

Answer 1

If law is just because it is fair, then unjust law is not true law

Question 2

Unjust law Legal positivism perspective

Answer 2

If law is valid because it is imposed by an authority then unjust law is still valid

Question 3

Unilateral

Answer 3

one persons decision

Question 4

Bilateral

Answer 4

between two parties

Question 5

Inter vivios

Answer 5

regulating the interest of the parties while they are alive

Question 6

Mortis causa

Answer 6

regulating the interest of dead people (will)

Question 7

Multilateral

Answer 7

Multiple parties

Question 8

void

Answer 8

never legally valid

Question 9

voidable

Answer 9

initially valid but can be overturned within a time limit and in that case, treated as if it never happened

Question 10

Private autonomy

Answer 10

individuals can create legal effects unless prohibited by law

Question 11

Relative rights

Answer 11

Right in personam, enforceable only against specific individuals (Contractual rights…)

Question 12

Absolute rights

Answer 12

Right in rem, Property, Intellectual Property, Industrial Property, Right of Personality (Patrimonial and non- patrimonial)

Question 13

Protective incapacities

Answer 13

Impaired or disables adults

Question 14

Punitive incapacities

Answer 14

Legal disabilities (disqualifications)

Question 15

Contract Civil Law

Answer 15

an agreement

Question 16

Contract Common Law

Answer 16

a bargain

Question 17

Subsidiarity principles

Answer 17

Freedom of contract

Question 17

Party autonomy

Answer 17

Paris are the best judges of their own interest

Question 18

Voidness (Nullity)

Answer 18

A contract that is invalid from the outset and cannot produce any legal effect. It protects public interests, and null contracts cannot be validated.

Question 19

Avoidance (Rescission)

Answer 19

A contract that is valid until the affected party elects to avoid it, usually due to a defect such as incapacity or a vitiating factor like fraud or duress. It protects private interests.

Question 20

Mistake

Answer 20

A misunderstanding or incorrect belief about a fact or law at the time of contract formation, which can lead to contract avoidance if it is material and known by the other party.

Question 21

Deceit (Fraud)

Answer 21

Intentional misrepresentation or concealment of a material fact, leading another party into a contract they would not have agreed to if correctly informed. Grounds for contract avoidance.

Question 22

Duress

Answer 22

Coercion through threats or pressure, forcing a party to enter into a contract. Contracts under duress can be avoided as the party’s consent was not freely given.

Question 23

Illegality and Immorality

Answer 23

Contracts that breach mandatory rules or contravene public policy or morality are void and unenforceable.

Question 24

Validation of an Invalid Contract

Answer 24

Null contracts cannot be validated, but voidable contracts can be confirmed by the affected party, making them valid.

Question 25

Formal Control

Answer 25

Involves specific approval requirements (e.g., Italian Civil Code).

Question 26

Anticipatory Breach

Answer 26

Occurs when a party declares they will not perform the contract before performance is due.

Question 26

Actual Breach

Answer 26

Happens when a party fails to perform when performance is due or during the course of the contract.

Question 27

Impossibility to Perform

Answer 27

If performance is impossible, specific performance is not required.

Question 28

Disproportionate Costs

Answer 28

If performance is possible but unreasonably costly, specific performance may be barred.

Question 29

Personal Services

Answer 29

Contracts involving personal services (e.g., artistic work) may not be enforced by specific performance.

Question 30

Efficient Breach

Answer 30

The idea that a party should be allowed to breach a contract and pay damages if it is economically more efficient than performing the contract.

Question 31

Innominate Terms

Answer 31

Terms that are judged based on the consequences of their breach, determining whether termination or just damages are appropriate.