CPL 1 - Copmparative Law Introduction
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Questions and Answers

What is the primary legal framework for contractual relationships in Indonesia?

  • The Dutch Civil Code (correct)
  • The Indonesian Constitution
  • The Dutch Criminal Code
  • The Indonesian Supreme Court Rulings

Which book of the Civil Code in Indonesia specifically addresses the regulation of contracts?

  • Book Four
  • Book Three (correct)
  • Book One
  • Book Two

What aspect is NOT covered under Book One of the Indonesian Civil Code?

  • Custody and guardianship
  • Property rights (correct)
  • Marriage and divorce
  • Legal capacity of persons

When a law in Indonesia is replaced or amended, how is it typically referenced?

<p>By keeping the same title with a new law number (C)</p> Signup and view all the answers

Which of the following is the focus of Book Two in the Indonesian Civil Code?

<p>Property rights, including tangible and intangible assets (A)</p> Signup and view all the answers

What must SMM prove to escape being bound by the contract regarding magazine advertisement?

<p>SB's prior knowledge of the editor's resignation (C)</p> Signup and view all the answers

Which article does the regulation of contracts start from in Book Three of the Indonesian Civil Code?

<p>Article 1233 (A)</p> Signup and view all the answers

What characterizes the primary source of law in common law systems compared to civil law systems?

<p>Common law emphasizes statutes and case law development. (B)</p> Signup and view all the answers

Which book of the Civil Code in Indonesia primarily addresses contractual obligations?

<p>Book Three: Contracts (A)</p> Signup and view all the answers

What is a key distinction of civil law systems, such as that in Indonesia, regarding tortious liability?

<p>There is no extra statutory notion of tortious liability. (C)</p> Signup and view all the answers

What role do supplementary laws play in civil law jurisdictions such as Indonesia?

<p>They are intended to clarify the provisions of the civil code. (A)</p> Signup and view all the answers

In the context of the Civil and Commercial Code in Thailand, what does civil law primarily regulate?

<p>Property and personal relations between private persons. (B)</p> Signup and view all the answers

What significant issue arose from the Indonesian language law issued in 2009?

<p>It did not clarify consequences for contracts lacking an Indonesian version. (A)</p> Signup and view all the answers

Which legal system primarily influences the Thai legal framework?

<p>A mix of civil law and common law systems. (B)</p> Signup and view all the answers

What was a major legal outcome related to the absence of an Indonesian language version of a contract according to the Supreme Court's decision?

<p>Contracts could only be annulled if bad faith was proven. (B)</p> Signup and view all the answers

What is the primary source of law in Thailand as stated in the content?

<p>Statutory law. (B)</p> Signup and view all the answers

What aspect of private law does the Thai Civil and Commercial Code primarily deal with?

<p>Relationships between private individuals. (C)</p> Signup and view all the answers

In what year was the implementing regulation regarding the Indonesian language law finally issued?

<p>2019 (C)</p> Signup and view all the answers

What does the commercial law aspect of the Thai legal system govern?

<p>Business and commercial contracts between merchants. (B)</p> Signup and view all the answers

What is the primary distinction of Thailand's Civil and Commercial Code compared to many civil law nations?

<p>It combines civil and commercial laws into one code. (D)</p> Signup and view all the answers

What key element was missing from the Indonesian language law when it was enacted?

<p>Consequences for non-compliance on contracts. (C)</p> Signup and view all the answers

Which country significantly influenced the structure of the Thai Civil and Commercial Code?

<p>France (C)</p> Signup and view all the answers

What aspect of legal tradition has also influenced Thai law besides the civil law system?

<p>Common law system principles. (B)</p> Signup and view all the answers

What does the 2017 Constitution serve as in the Thai legal system?

<p>The supreme law of the land. (A)</p> Signup and view all the answers

What is NOT included in the Civil and Commercial Code according to the content?

<p>Criminal law provisions. (B)</p> Signup and view all the answers

What does the abbreviation CCC stand for in the context of Thai law?

<p>Civil and Commercial Code (B)</p> Signup and view all the answers

The scope of which part of the law is covered in the Liability for Damages Arising from Unsafe Products Act of 2008?

<p>Unlawful acts causing damage (B)</p> Signup and view all the answers

The part of the Civil and Commercial Code dealing with 'obligations' is found in which book?

<p>Book Two (C)</p> Signup and view all the answers

Which of the following acts specifically addresses the law related to trademarks in Thailand?

<p>Trademarks Act 1991 (A)</p> Signup and view all the answers

Which of the following acts serves to address family law in the Thai legal framework?

<p>Book Five of the CCC (C)</p> Signup and view all the answers

Which of these laws is intricately linked to corporate governance in Thailand?

<p>Securities and Exchange Act 1992 (B)</p> Signup and view all the answers

How many parts, or books, is the Thai Civil and Commercial Code structured into?

<p>Six (B)</p> Signup and view all the answers

What does Road Law No 2 of 2022 primarily replace?

<p>Toll road law previously established under Law Number 38 of 2004 (D)</p> Signup and view all the answers

Which of the following is NOT a ground for tariff adjustments under the new road law?

<p>Increased toll road traffic congestion (A)</p> Signup and view all the answers

What additional measure may be offered through toll road concession agreements if certain circumstances occur?

<p>Tariff increases or extension of the concession term (C)</p> Signup and view all the answers

Which law relates directly to land procurement for public interest in conjunction with the toll road law?

<p>Law No. 2 of 2012 on Land Acquisition in the Public Interest (B)</p> Signup and view all the answers

What is the purpose of implementing regulations related to Road Law No 2 of 2022?

<p>To clarify the intended procedures and steps of the law (D)</p> Signup and view all the answers

As of when were the implementing regulations for Road Law No 2 of 2022 published?

<p>May 2024 (B)</p> Signup and view all the answers

Which statement best describes the uncertainty regarding new laws in Indonesia?

<p>A period of uncertainty is common until implementing regulations are issued. (C)</p> Signup and view all the answers

What is a potential result of a central government policy affecting investment viability?

<p>Adjustment of tariff rates on toll roads (B)</p> Signup and view all the answers

What is one way that toll road concession agreements provide relief during adverse circumstances?

<p>Through tariff increases (C)</p> Signup and view all the answers

Flashcards

Indonesian Civil Code

The fundamental legal framework for contractual relationships in Indonesia, derived from Dutch models.

Books of the Civil Code

Indonesian civil law is divided into four books: persons, goods, contracts, and limitations/evidence.

Book One (Civil Code)

Deals with legal persons, capacities, marriage, and family law, guardianship, etc.

Book Two (Civil Code)

Regulates property rights, including tangible and intangible property.

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Book Three (Civil Code)

Focuses on contracts, from general principles to specific types (sales, hiring, etc.).

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Contract Law (Indonesia)

Found in Book Three of the Civil Code, Articles 1233-1456, covering general principles and specific types of contracts.

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Civil Law vs. Common Law

Different legal systems with contrasting approaches to resolving disputes and interpreting laws.

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Implementing Regulations

Rules that clarify and put a law into action.

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Indonesian Language Law (2009)

A law requiring contracts to be in Indonesian.

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Supreme Court (Indonesia)

Highest court in Indonesia's legal system.

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Road Law No. 2 of 2022

Replaced the toll road Law No. 38 of 2004, introducing new grounds for toll tariff adjustments.

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Null and Void Contract

A contract considered legally invalid.

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Tariff Adjustment Grounds

Reasons for changing toll fees, now including traffic service procurement, business plan impact, and central government policy.

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Thai Legal System

A system with civil and common law influences.

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Toll Concession Agreements

Contracts for operating toll roads. This often includes provisions for tariff adjustments and extensions in certain circumstances.

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2017 Thai Constitution

Thailand's current fundamental law.

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Statutory Law

Laws created by legislative bodies.

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Land Procurement for Public Roads

Obtaining land for building public roads follows the rules of specific laws related to public sector need.

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Thai Civil and Commercial Code (CCC)

Main code defining private law in Thailand.

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Law No. 2 of 2012 on Land Acquisition in the Public Interest

The law detailing the specific legal procedures for acquiring land in the public interest, used for toll road land acquisition.

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Implementing Regulations Delay

A potential time lag between a law's enactment and the issuing of detailed implementing regulations. This could create uncertainty in practice.

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Civil Law

Branch of law about people's relations and property.

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Commercial Law

Branch of law about business contracts and dealings.

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Uncertainty in Regulation Implementation

A common period where it takes time to understand and apply new laws due to lack of clear implementing regulations.

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Cross-referencing Laws

Where one law makes references to another law or regulation to define details or procedures for the applicable circumstances to an action.

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Common Law vs. Civil Law

Two major legal systems with contrasting approaches to law and dispute resolution. Common law relies on precedents and case law while civil law is codified and uses legal codes as the primary source.

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Stare Decisis

A key principle in common law where judges follow prior court decisions in similar cases to maintain consistency and predictability. It means 'to stand by things decided'.

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Civil Code

A comprehensive legal code used in civil law systems that outlines the fundamental principles and rules governing various legal areas, such as property rights, contracts, and family law.

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Tortious Liability

A legal concept in common law where someone can be held responsible for harm they cause to others through negligence or intentional actions. It does not have the same prominence in civil law systems.

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Thai Civil and Commercial Code

A comprehensive legal framework in Thailand covering both civil and commercial matters, combining aspects of civil and common law systems.

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Influence on Thai Law

Thai law has been influenced by both codified systems (France, Switzerland, Germany) and common law systems (Great Britain) as well as traditional Thai laws.

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Specific Contracts

The Thai Civil and Commercial Code includes a specific book dedicated to different types of contracts.

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Family Law

The Thai Civil and Commercial Code addresses family law topics such as marriage, inheritance, and family relationships.

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Arrangement of Content

The structure of the Thai Civil and Commercial Code is heavily influenced by the German system, which itself has roots in Roman law.

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Statutory Provisions

Specific legal issues not covered in the main Civil and Commercial Code are dealt with through separate statutory provisions.

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Criminal Code

Thailand has a separate criminal code that addresses criminal offenses and their punishment.

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Civil Procedure Code

This code outlines the procedures for civil cases (including commercial cases) in Thai courts.

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Criminal Procedure Code

The criminal procedure code outlines the procedures for criminal cases in Thai courts.

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Additional Laws

While the Civil and Commercial Code is the core, other laws like the Public Limited Property Act, Securities and Exchange Act, and Liability for Damages Arising from Unsafe Products Act address specific areas.

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Study Notes

  • This video lecture introduces civil law traditions and their differences from common law.
  • Aims to sensitize students from common law traditions to civil law thinking.
  • Examines civil law through three areas: contract law (session two), tort law (session three), and civil litigation (session four).
  • Session one focuses on the civil law tradition, specifically in Indonesia and Thailand.
  • Civil law is not static; it evolves in different jurisdictions while maintaining core principles.
  • Indonesia's legal system is derived from Dutch and French/Napoleonic codes.
  • Thailand's legal system combines French and German civil law traditions.
  • Civil law systems are codified, meaning legal codes define all aspects of law.
  • Civil law relies on codes, while common law relies on precedents (case law).

Civil Law Systems

  • Civil legal systems are based on codified laws.
  • Codes provide comprehensive legal frameworks for issues in the courts.
  • Source of law in civil law systems is the codified code rather than case law.
  • Case law may carry less weight than codified sections when applying the law.

Civil Code of Indonesia

  • The Indonesian Civil Code, while based on Dutch law, serves as the fundamental framework for contractual relations and legal principles.
  • It is based on a 19th-century Dutch version.
  • The code is organized into four books: persons, property, contracts, and statutory limitations.

Civil and Commercial Code of Thailand

  • Thailand's legal system includes elements of civil law and common law.
  • The main legal foundation is the 2017 Constitution.
  • The Civil and Commercial Code is its main statute for private law issues.
  • The code structures laws into six books covering national legal persons, property, obligations, contracts, family, and inheritance.

Supplementary Laws

  • Civil law jurisdictions often have supplementary laws, e.g., implementing regulations clarifying the codes.
  • These can be issued by government bodies to add detail and clarify the codes.
  • Laws are regularly updated and clarified via these implementing regulations.

Toll Road Law

  • Indonesia's toll road law has been recently updated.
  • Modifications concern tariffs and investment viability issues.
  • This is an example of how laws are often updated over time, and government agencies provide supplementary regulations.

Implementation and Language

  • Implementing regulations may be issued to clarify the law and codified regulations.
  • Understanding the implementation process is important.

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CPL 1 - Introduction PDF

Description

This quiz explores the fundamentals of civil law traditions and their differences from common law, with a focus on Indonesia and Thailand. It covers key concepts in contract law, tort law, and civil litigation within the civil law system. The aim is to enhance understanding of how civil law evolves while adhering to its core principles.

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