Podcast
Questions and Answers
What is the core principle of the trias politica?
What is the core principle of the trias politica?
- Separation of powers between the legislature, executive, and judiciary (correct)
- Equal distribution of wealth among the citizens of a state
- The absolute power of the monarchy in government
- The importance of a strong military for national security
Why is law considered essential for a functioning market economy?
Why is law considered essential for a functioning market economy?
- It provides a framework for competition and protection of individual interests (correct)
- It eliminates any risk associated with business transactions
- It mandates equal profits for all participating companies
- It ensures that all businesses are owned by the government
What is the principle of party autonomy?
What is the principle of party autonomy?
- The right of individuals to determine their own legal position within the bounds of law (correct)
- The exclusive right of the government to regulate legal transactions
- The ability of individuals to change their legal nationality at will
- The power of political parties to influence government decisions
What is the concept of quid pro quo in the context of party autonomy?
What is the concept of quid pro quo in the context of party autonomy?
What is the fundamental difference between the iustum pretium doctrine and the modern concept of substantive contractual justice?
What is the fundamental difference between the iustum pretium doctrine and the modern concept of substantive contractual justice?
What is the primary goal of the socialization of contract law?
What is the primary goal of the socialization of contract law?
What is the significance of the Cassis de Dijon case in EU law?
What is the significance of the Cassis de Dijon case in EU law?
What is the purpose of soft law?
What is the purpose of soft law?
According to the hierarchy of laws, which takes precedence?
According to the hierarchy of laws, which takes precedence?
What is the concept of consumer image in consumer law?
What is the concept of consumer image in consumer law?
What does the information paradigm suggest about consumers?
What does the information paradigm suggest about consumers?
What is the key differentiation between legal subjects and legal assets?
What is the key differentiation between legal subjects and legal assets?
Which of these is NOT a characteristic of a consumer according to the provided content?
Which of these is NOT a characteristic of a consumer according to the provided content?
What is the difference between an unascertained good and an ascertained good?
What is the difference between an unascertained good and an ascertained good?
What distinguishes a real right from a relative right?
What distinguishes a real right from a relative right?
Which of these is an example of a legal act?
Which of these is an example of a legal act?
What is considered a vice of consent in legal acts?
What is considered a vice of consent in legal acts?
Flashcards
Trias Politica
Trias Politica
Montesquieu's model of government with three branches: legislature, executive, judiciary.
Open Market Economy
Open Market Economy
An economy based on competition and freedom of contract.
Public Law
Public Law
Laws that safeguard the functioning of the market economy.
Private Law
Private Law
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Freedom of Contract
Freedom of Contract
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Consumer Image
Consumer Image
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Real Rights
Real Rights
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Absolute Rights vs Relative Rights
Absolute Rights vs Relative Rights
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Legal Acts
Legal Acts
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Fixed Charge vs Floating Charge
Fixed Charge vs Floating Charge
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Consent in Legal Act
Consent in Legal Act
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Avoided vs Avoidable Contracts
Avoided vs Avoidable Contracts
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Absolute Nullity
Absolute Nullity
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Relative Nullity
Relative Nullity
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Study Notes
Lecture 1
- Organization of States: Montesquieu's concept of trias politica (separation of powers) involves a legislature, executive, and judiciary.
- Law's Purpose in Business: Law is necessary for business dealings, providing trust and protection of interests.
- Open Market Economy: Competition and freedom of contract are crucial. Public law safeguards market functions, competition law prohibits monopolies, and private law structures private relationships.
- Party Autonomy: Parties have the right to govern their legal position within the law's limits, including freedom of contract based on mutual gain.
- Freedom of Contract Limitations: Contract freedom isn't absolute, with requirements like duties to inform, right of withdrawal, and substantive contractual justice, to safeguard real freedom. This contrasts with the medieval "just price" doctrine.
- Socialization of Contract Law: Law aims to make societal behavior acceptable, influencing contract law.
- EU Law: The EU promotes free movement of goods, people, services, and capital (e.g., the Cassis de Dijon ruling).
- Soft Law: Voluntary codes of conduct and best practices guide business behavior.
- Legal Hierarchy: Supranational law, national law, royal decrees, codified law, trade practices, and specific rules are ranked hierarchically.
Lecture 2
- Real Rights: Rights relating to identifiable assets (ownership, possession, custody).
- Ownership vs. Possession vs. Custody: Owners have legal power, possessors have physical power, and custodians hold assets temporarily.
- Real Rights of Use (Easements): Rights over property like ground leases (emphyteusis) and usufruct involve temporary use rights and responsibilities, distinguishing the holder's use rights from underlying ownership rights.
- Security Rights: Creditor rights to exercise remedies (e.g., lien) if the debt isn't repaid, focusing on movable and intangible goods and constructive possession.
Lecture 3
- Civil Law vs. Common Law Mortgages: Civil law mortgages involve security rights, while common law mortgages involve a transfer of ownership (temporarily) as security.
- Absolute vs. Relative Rights: Absolute rights affect everyone; relative rights concern specific people. Legal facts trigger legal consequences (events, conditions, acts).
- Legal Acts: Deliberate actions with legal consequences, including unilateral (e.g., offers) and multilateral (e.g., contracts) acts.
- Contract Validity: For a valid legal act, consent is essential, and vices like mistake, fraud, or duress can invalidate it.
Lecture 4
- Validity and Cause: Valid contracts require clear definitions of objects, and causes that don't violate public policy or mandatory law. Legal actors must also have the capacity to act (personal, legal).
- Void and Avoided Contracts: Void contracts are automatically non-existent, while avoided contracts are invalidated by the court.
- Retroactive Effect: Invalidate the legal act, and bring everything back to 9 years prior. (absolute nullity).
- Relative Nullity: For violations of mandatory law, the affected party decides whether to invoke a sanction.
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