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Questions and Answers
What type of liability refers to a person's responsibility for their own actions under the Civil and Commercial Code in Thailand?
What type of liability refers to a person's responsibility for their own actions under the Civil and Commercial Code in Thailand?
Under which section of the Civil and Commercial Code is an employer jointly liable for a tortious act committed by an employee?
Under which section of the Civil and Commercial Code is an employer jointly liable for a tortious act committed by an employee?
Which title in Book 3 of the Civil and Commercial Code specifically addresses the regulation of partnerships?
Which title in Book 3 of the Civil and Commercial Code specifically addresses the regulation of partnerships?
What is the primary focus of Section 438 in the context of torts?
What is the primary focus of Section 438 in the context of torts?
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Which of the following contracts is NOT covered under Book 3 of the Civil and Commercial Code?
Which of the following contracts is NOT covered under Book 3 of the Civil and Commercial Code?
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What must be established to excuse an owner from liability under Section 437 regarding vehicle control?
What must be established to excuse an owner from liability under Section 437 regarding vehicle control?
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What is the primary obligation of a person found to have committed a tortious act according to Section 420?
What is the primary obligation of a person found to have committed a tortious act according to Section 420?
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Which title in Book 3 relates to the handling of agency relationships?
Which title in Book 3 relates to the handling of agency relationships?
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What is a fundamental difference between common law and civil law traditions?
What is a fundamental difference between common law and civil law traditions?
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According to Indonesia's Government Regulation on Toll Roads, which of the following is NOT a ground for tariff adjustment?
According to Indonesia's Government Regulation on Toll Roads, which of the following is NOT a ground for tariff adjustment?
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In the Civil and Commercial Code of Thailand, which of the following is included under Book 2 regarding obligations?
In the Civil and Commercial Code of Thailand, which of the following is included under Book 2 regarding obligations?
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Which title in the Civil and Commercial Code of Thailand addresses the subject of obligations?
Which title in the Civil and Commercial Code of Thailand addresses the subject of obligations?
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Which aspect is emphasized in civil law systems compared to common law systems?
Which aspect is emphasized in civil law systems compared to common law systems?
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What defines the concept of 'minimal stare decisis' in legal practice?
What defines the concept of 'minimal stare decisis' in legal practice?
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Which of the following is NOT a chapter within Book 1 of the Civil and Commercial Code in Thailand?
Which of the following is NOT a chapter within Book 1 of the Civil and Commercial Code in Thailand?
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Which principle does NOT typically characterize the civil law tradition?
Which principle does NOT typically characterize the civil law tradition?
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Study Notes
Introduction to Civil Law and Civil Code Traditions
- Common law systems heavily rely on established precedents and case law development.
- Civil law systems are codified, meaning the primary legal source is found in various legal codes.
- Civil law systems provide a structured framework for contract law, clearly outlining the rules governing agreements.
The Civil Code in Indonesia
- Law No. 38 of 2004 on Roads was amended on January 12, 2022, by Law Number of 2022 (“Law No. 2/2022”).
- The amendments introduced three new grounds for toll road tariff adjustments:
- Procurement of traffic services within the toll road network system in specific regions.
- Expansion of business plan scope by the Business Unit for Toll Road (BUJT), impacting investment viability.
- Central government policies affecting investment viability.
The Civil and Commercial Code in Thailand
- The Thai Civil and Commercial Code covers a wide range of legal topics.
-
Book 1 (General Principles):
- General Provisions
- Persons (Natural and Juristic)
- Things
- Juristic Acts
- Periods of Time
- Prescription
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Book 2 (Obligations):
- General Provisions (Subject, Effects, Plurality of Debtors and Creditors, Transfers of Claims, Extinction of Obligations)
- Contracts
- Management of Affairs Without Mandate
- Unjust Enrichment
- Torts
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Book 3 (Specific Contracts):
- Sale
- Exchange
- Gift
- Hire of Property
- Hire Purchase
- Hire of Services
- Hire of Work
- Carriage
- Loan
- Deposit
- Suretyship
- Mortgage
- Pledge
- Warehousing
- Agency
- Brokerage
- Compromise
- Gambling and Betting
- Current Account
- Insurance
- Bills
- Partnerships and Companies
- Associations (Repealed)
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Book 4 (Property):
- Covers topics related to property ownership and rights.
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Book 5 (Family):
- Covers topics related to family law, including marriage, divorce, and inheritance.
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Book 6 (Succession):
- Covers topics related to inheritance and will laws.
Book 2 Obligations – Examples of Obligations
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Title 5 Chapter 1 Liability for Torts:
- Direct Liability (Section 420): Individuals intentionally or negligently causing harm to another’s person, property, or rights are liable for compensation.
- Indirect Liability (Section 425): Employers bear joint liability with their employees for tortious acts committed during employment. This concept extends to other relationships like principal and agent (Section 427), employer and contractor (Section 428).
- Vehicle Owners or Controllers (Section 437): Owners or controllers of vehicles are responsible for injuries arising from their vehicles, unless force majeure or the injured person’s fault is proven.
- Compensation for Wrongful Acts (Section 438): Courts determine the manner and extent of compensation based on the circumstances and severity of the tortious act.
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Description
Explore the fundamentals of civil law and civil code traditions, focusing on the differences between common law and civil law systems. This quiz will delve into the specifics of civil codes in Indonesia and Thailand, highlighting recent amendments and their implications. Test your knowledge on the structure and framework governing contract law and other legal topics.
