Legal Occurrences and Contracts
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Questions and Answers

What is a characteristic of a legal occurrence in the context of legal relationships?

  • It is a type of arbitration process.
  • It is a bilateral agreement between two parties.
  • It always involves a third-party mediator.
  • It is a unilateral declaration of intent. (correct)

    • What is the general principle of freedom of form in contract law?

  • All contracts must be in writing.
  • Only electronic contracts are recognized.
  • Only notarial deeds are valid.
  • Contracts can be oral, written, documentary, electronic, or notarial. (correct)

    • What is a key element of contract conclusion?

  • Negotiations between parties.
  • Offer and acceptance. (correct)
  • Letters of intent.
  • Auction and tender.

    • What is the purpose of Article 95 and following articles?

    <p>To outline representation in contract law.</p> Signup and view all the answers

    What is a specific provision that may restrict the freedom of form?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of Article 77.3?

    <p>To outline documentary declaration recorded for multiple displays.</p> Signup and view all the answers

    What is the primary method of resolving disputes in civil law?

    <p>Independent authorities, usually by the parties' own will</p> Signup and view all the answers

    What is the main source of law in civil law?

    <p>Civil Code</p> Signup and view all the answers

    What is the primary principle of civil law regarding property?

    <p>Protection of property</p> Signup and view all the answers

    What is the type of liability that is the main form of protection in civil law?

    <p>Compensatory liability</p> Signup and view all the answers

    What is the principle of civil law that states that one cannot interfere with the legal sphere of another subject?

    <p>Legal status and situation of the actors based on equality</p> Signup and view all the answers

    What is the type of persons that have imperfect legal capacity according to Article 33¹?

    <p>Organizational units</p> Signup and view all the answers

    What is the principle of civil law that protects justly acquired rights?

    <p>Protection of justly acquired rights</p> Signup and view all the answers

    What is the basis of civil law in terms of social relations?

    <p>Social relations influencing the sphere of property and other connected relations</p> Signup and view all the answers

    What is considered an organized complex of material and non-material components designed for carrying on an economic activity?

    <p>An enterprise</p> Signup and view all the answers

    What is included in an enterprise's proprietary rights?

    <p>Both immovable and movable properties</p> Signup and view all the answers

    What is an example of an intellectual property right?

    <p>Patent</p> Signup and view all the answers

    What is an example of a right attached to a property?

    <p>Right of lease</p> Signup and view all the answers

    What is an example of a receivable debt?

    <p>Money owed to an enterprise</p> Signup and view all the answers

    What is an example of an immaterial component of an enterprise?

    <p>Business secret</p> Signup and view all the answers

    What is an example of a concession?

    <p>Exclusive right to operate a business</p> Signup and view all the answers

    What is an example of an author's economic right?

    <p>Right to royalties</p> Signup and view all the answers

    Study Notes

    • 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)
    • 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)

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    Description

    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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