Introduction to Commercial Law

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Questions and Answers

What is the rule of law?

Unwritten laws governing state relations

Laws applied only to specific groups

Principles and rules of governance accounting all persons (correct)

Only applicable to private individuals

The Schengen Area includes all European Union members.

False

What does 'QPC' stand for?

Question prioritaire de constitutionalité

What is the Supreme Court in France called?

Cours de Cassation Signup and view all the answers

Which of the following is a branch of Public Law?

Administrative Law Signup and view all the answers

The principle that laws are not retroactive is known as the principle of __________.

security of legal systems Signup and view all the answers

Match the following branches of law with their descriptions:

Civil Law = Regulates birth, marriage, and inheritance Commercial Law = Disputes between companies Labour Law = Disputes between employer and employee Criminal Law = Deals with offenses against the state Signup and view all the answers

What is the rule of law?

All principles and rules of governance in which all persons, institutions, and entities are accountable to laws that are publicly promulgated. Signup and view all the answers

Which countries are included in the Schengen Area?

Iceland Signup and view all the answers

Laws are generally retroactive.

False Signup and view all the answers

What is Roman Law the basis of?

Statutory law legal systems. Signup and view all the answers

What is the role of the president in law-making in France?

The president influences the law-making process. Signup and view all the answers

Public law deals with the ______ and its relation with individuals.

State Signup and view all the answers

Match the branches of law with their descriptions:

Constitutional Law = Power of the president, parliament Administrative Law = Laws of local authorities Commercial Law = Dispute between companies Labour Law = Dispute between employer and employee Signup and view all the answers

Which of the following is NOT a source of law?

Public Opinion Signup and view all the answers

What is the primary function of the World Trade Organization (WTO)?

To regulate international trade agreements. Signup and view all the answers

EU regulations require ratification by each member state.

False Signup and view all the answers

The EU directive provides a ______ legal act to all EU members.

binding Signup and view all the answers

Study Notes

Introduction to Commercial Law

The Rule of Law
- All persons, institutions, and entities are accountable to laws that are publicly promulgated.
- Laws are not retroactive unless in the case of criminal law.
World Legal Systems
- Roman Law: Statutory law (laws voted by parliament).
- British Law: Common law.
- Mixed Law Legal System: Combination of Roman and British law.
- Religious Law Legal System: Based on religious principles.
- Local Laws Influence: Local customs and traditions play a role.
Main Characteristics of the Rule of Law
- General and Impersonal: Applies to all subjects of law.
- Legal Personality: Capacity to sue or be sued.
  - Natural Persons: Mentally sane and legal age. Emancipation (16-18 years old) granted by a judge allows for certain rights.
  - Legal Persons: Corporations (INP).
- Mandatory and Sanctioned: Enforced by public authority.

Corporate Contractual Relationships

Public vs. Private Law
- Public Law: Deals with the state in relation to individuals or other states.
- Private Law: Regulates relationships between individuals or corporations.
Branches of Law in France
- Public Law:
  - Constitutional Law
  - Administrative Law
  - Public Finances Law
  - Tax Law
  - International Public Law
  - European Union Law
- Private Law:
  - Civil Law: Birth, childhood, marriage, inheritance, death.
  - Commercial Law: Disputes between companies.
  - Labour Law: Disputes between employers and employees.
  - Social Security Law: Reimbursements.
  - Criminal Law: Mix of public and private aspects.
  - International Private Law: Private individuals with international elements.

Source of Laws

Hierarchy of Legal Forms: Laws are organized from highest to lowest level of authority.
World Trade Organization (WTO): Influences national agreements.
EU Regional Law:
- EU Regulation: Binding with immediate applicability to all EU members (no ratification needed).
- EU Directive: Binding legal act that must be implemented by EU members with freedom of means (how they choose to implement it).
- EU Decision: Binding and immediately applicable in certain EU countries.
Customary Law: Customs can have the power of law in certain areas.
Law-Making Process:
- Ideas from citizens, government, MPs, companies, lobbyists.
- Proposal submitted to MP.
- Reviewed by Parliamentary Committee.
- Passed between houses of Parliament.
- Approved by President.

Introduction to Commercial Law

Rule of Law: All individuals, institutions, and entities are accountable to publicly promulgated laws.
Schengen Space: Agreement allowing non-European citizens to travel within Europe for 3 months per year. Includes some European countries but not all EU members.
Retroactivity of Laws: Laws are generally not retroactive (past events are not affected). Exception: criminal law.
World Legal Systems:
- Roman Law: Basis for statutory law systems, where laws are voted on by parliament.
- British Law: Common Law legal system, where laws are based on precedent.
- Mixed Law Legal System: Combines elements of both Roman and British Law.
- Religious Law Legal System: Based on religious principles.
- Local Laws Influence: Local customs and traditions can influence law.
QPC (Question Prioritaire de Constitutionnalité): Allows questioning the constitutionality of a law.
Supreme Court in France: Cours de Cassation. The President influences lawmaking.

Main Characteristics of the Rule of Law

General and Impersonal: Applies to all subjects of law equally.
Legal Personality: Capacity to sue or be sued.
- Natural Person: Must be mentally sane and of legal age. Emancipation (16-18 years old): Granted by a judge, allowing individuals to work, manage money, and enter into contracts.
- Legal Person: Corporations.

Rules of Law Specialization

Public Law: Deals with the State, either in its own interests or in relation to individuals or corporations.
Private Law: Regulates relationships between individuals and corporations.
Branches of Law in France:
- Public Law:
  - Constitutional Law: Power of the President and Parliament.
  - Administrative Law: Laws of local authorities.
  - Public Finances Law.
  - Tax Law.
  - International Public Law.
  - European Union Law.
- Private Law:
  - Civil Law: Birth, childhood, marriage, inheritance, children, death.
  - Commercial Law: Disputes between companies.
  - Labor Law: Disputes between employers and employees.
  - Social Security Law: Reimbursement of health expenses.
  - Criminal Law: Mixed status (both public and private aspects).
  - International Private Law: Private individuals with international elements.

Sources of Law

WTO (World Trade Organization): International organization promoting free trade. Agreements can be ratified nationally.
EU Regional Law:
- EU Regulation: Binding legal act applicable to all EU countries immediately. No ratification needed.
- EU Directive: Binding legal act applicable to all EU members but not immediately. Allows freedom of means for implementation (how to achieve the objective). Requires time and organization.
- EU Decision: Binding legal act immediately applicable to specific EU countries.
Power of Customs: Varies according to the branch of law. Customs can have the power of law.
Law Making Process:
- Initiative: Ideas from citizens, government, MPs, companies, or lobbyists.
- Parliamentary Committee: Review of the proposal.
- Parliamentary Shuttle: Passage through the legislative process.
- Presidential Approval: Required for the law to come into effect.

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Description

Explore the foundational principles of commercial law, focusing on the rule of law and its main characteristics. This quiz covers various legal systems including Roman, British, and mixed laws, alongside the concept of legal personality. Test your understanding of how these principles influence different legal frameworks.