22 Questions
What is a characteristic of a legal occurrence in the context of legal relationships?
It is a unilateral declaration of intent.
What is the general principle of freedom of form in contract law?
Contracts can be oral, written, documentary, electronic, or notarial.
What is a key element of contract conclusion?
Offer and acceptance.
What is the purpose of Article 95 and following articles?
To outline representation in contract law.
What is a specific provision that may restrict the freedom of form?
All of the above.
What is the purpose of Article 77.3?
To outline documentary declaration recorded for multiple displays.
What is the primary method of resolving disputes in civil law?
Independent authorities, usually by the parties' own will
What is the main source of law in civil law?
Civil Code
What is the primary principle of civil law regarding property?
Protection of property
What is the type of liability that is the main form of protection in civil law?
Compensatory liability
What is the principle of civil law that states that one cannot interfere with the legal sphere of another subject?
Legal status and situation of the actors based on equality
What is the type of persons that have imperfect legal capacity according to Article 33¹?
Organizational units
What is the principle of civil law that protects justly acquired rights?
Protection of justly acquired rights
What is the basis of civil law in terms of social relations?
Social relations influencing the sphere of property and other connected relations
What is considered an organized complex of material and non-material components designed for carrying on an economic activity?
An enterprise
What is included in an enterprise's proprietary rights?
Both immovable and movable properties
What is an example of an intellectual property right?
Patent
What is an example of a right attached to a property?
Right of lease
What is an example of a receivable debt?
Money owed to an enterprise
What is an example of an immaterial component of an enterprise?
Business secret
What is an example of a concession?
Exclusive right to operate a business
What is an example of an author's economic right?
Right to royalties
Study Notes
Legal Occurrences
- Cause a beginning, change, or termination of a legal relationship
- Acts in law:
- Always involve a declaration of intent
- Unilateral, contractual, or resolution-based
- Interpretation according to Article 65
General Part
Freedom of Form
- Declaration of intent can be made in various forms:
- Oral
- Written
- Documentary (recorded for multiple displays, Article 77.3)
- Electronic (with certified electronic signature)
- Authorized date and signatures
Conclusion of Contract
- Offer and acceptance
- Auction and tender
- Negotiations:
- Confidentiality
- Letters of intent
Terms and Conditions
- Article 89
Representation
- Article 95 and following
- Representation of a right, Article 54
Other Objects
- Material, non-things:
- Liquids, gases, mineral deposits, wild animals
- Immaterial:
- Energy (Article 555)
- Intellectual property
- Personal interests
- Financial means
- Negotiable instruments
Enterprise
- Article 55
- An organized complex of material and non-material components designed for carrying on an economic activity
- Includes:
- Designation that identifies an enterprise or its separate parts
- Ownership of immovable or movable properties
- Rights under contracts of lease and tenancy
- Receivable debts, cash means, and more
Civil Law
Introductory Remarks
- Recommended literature: Civil Code, Handbook of Polish Law, Polish Business Law
- Examination: Single-choice, computerized test
Civil Law as a Discipline
- Public vs. private law
- Roman origins
- Branches of the law
- Subject: Social relations influencing the sphere of property and other connected relations
- Exceptions: Protection of personal interests (Articles 23-24 and 43)
Method
- Legal status and situation of actors based on equality
- No interference into the legal sphere of other subjects
- Disputes resolved by independent authorities, usually of the parties' own will
- Main form of protection: Compensatory liability
- Main source of law: Civil Code
Principles of Civil Law
- Protection of property
- Freedom of contract
- Exercise of rights (Article 5)
- Burden of proof (Article 6), factual and legal presumptions
- Presumption of good faith (Article 7)
- Protection of justly acquired rights
- Protection of personal interests (Articles 23-24 and 43)
Legal Relations
- Subjects (actors) – Articles 8-43
- Legal capacity and capacity for acts in law
- Natural persons
- Legal persons
- Organizational units with imperfect legal capacity (Article 33)
This quiz covers legal occurrences that cause a beginning, change or termination of a legal relationship, including unilateral acts, contracts, resolutions, and interpretation of laws.
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