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Questions and Answers
Which statement accurately describes the treatment of contracts made by incapacitated persons in common law?
Which statement accurately describes the treatment of contracts made by incapacitated persons in common law?
- All contracts made by incapacitated persons are deemed void.
- Contracts can be voidable if the other party was aware of the incapacitated status. (correct)
- Incapacitated persons are never protected in common law.
- Contracts are always valid if the incapacitated person ultimately understands them.
What does BGB §105 state about contracts involving incapacitated persons?
What does BGB §105 state about contracts involving incapacitated persons?
- All contracts are void unless they pertain to necessities.
- Such contracts are valid regardless of the situation.
- There is no relevance of mental capacity according to BGB.
- Contracts are only valid if confirmed by the incapacitated party. (correct)
According to the Continental system, how are contracts for necessities treated?
According to the Continental system, how are contracts for necessities treated?
- They require approval from a guardian for validity.
- They are unequivocally valid, even if the other party knows of the mental condition. (correct)
- They are void regardless of the other party's knowledge.
- They follow the same rules as regular contracts for incapacitated persons.
Which of the following statements regarding delictual capacity under common law is true?
Which of the following statements regarding delictual capacity under common law is true?
What is the contradiction mentioned between Articles 1637 and 1780 in relation to liability?
What is the contradiction mentioned between Articles 1637 and 1780 in relation to liability?
What is a characteristic of private law in relation to the equality of parties?
What is a characteristic of private law in relation to the equality of parties?
Which area is typically governed by procedural law?
Which area is typically governed by procedural law?
In which of the following scenarios would public law be applicable?
In which of the following scenarios would public law be applicable?
What differentiates special areas of private law from general areas?
What differentiates special areas of private law from general areas?
Which statement is true regarding the systems of law mentioned?
Which statement is true regarding the systems of law mentioned?
Which of the following is NOT considered a special area of private law?
Which of the following is NOT considered a special area of private law?
Which of the following best describes the primary focus of substantive law?
Which of the following best describes the primary focus of substantive law?
Which of the following countries primarily follows a common law system?
Which of the following countries primarily follows a common law system?
What was the primary influence of the Corpus Iuris Civilis in the development of Continental law?
What was the primary influence of the Corpus Iuris Civilis in the development of Continental law?
Which area of private law was historically included in the Roman legal tradition?
Which area of private law was historically included in the Roman legal tradition?
What significant legal change took place around the time of William the Conqueror's conquest of England in 1064?
What significant legal change took place around the time of William the Conqueror's conquest of England in 1064?
How did the division of law in France during the development of the Civil Code occur?
How did the division of law in France during the development of the Civil Code occur?
Which statement accurately describes the situation of Scandinavia in relation to the Corpus Iuris Civilis?
Which statement accurately describes the situation of Scandinavia in relation to the Corpus Iuris Civilis?
Which of the following best describes a fungible object?
Which of the following best describes a fungible object?
What distinguishes a non-consumable object from a consumable one?
What distinguishes a non-consumable object from a consumable one?
Which right is NOT typically included in the set of ownership rights?
Which right is NOT typically included in the set of ownership rights?
What legal remedy can an owner seek against someone illegally possessing their property?
What legal remedy can an owner seek against someone illegally possessing their property?
According to the legal principles described, ownership allows an owner to do which of the following?
According to the legal principles described, ownership allows an owner to do which of the following?
Which statement accurately reflects limitations on ownership rights?
Which statement accurately reflects limitations on ownership rights?
Which of the following statements is NOT true regarding the right to possess property?
Which of the following statements is NOT true regarding the right to possess property?
What is the main purpose of the ownership action in private law?
What is the main purpose of the ownership action in private law?
What legal principle allows an owner to protect their property from imminent interference?
What legal principle allows an owner to protect their property from imminent interference?
Which method of property acquisition involves gaining rights by mixing one's property with another's?
Which method of property acquisition involves gaining rights by mixing one's property with another's?
What is required for derivative acquisition when comparing land ownership in Latvia?
What is required for derivative acquisition when comparing land ownership in Latvia?
In a consensual transfer system, which statement is true?
In a consensual transfer system, which statement is true?
Which situation exemplifies occupancy as a means of property acquisition?
Which situation exemplifies occupancy as a means of property acquisition?
Under which condition is damage to property classified as a delict (tort)?
Under which condition is damage to property classified as a delict (tort)?
In the delivery/register system, what occurs upon selling a house?
In the delivery/register system, what occurs upon selling a house?
What is an example of derivative acquisition through contracts?
What is an example of derivative acquisition through contracts?
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Study Notes
Private Law
- Private law usually treats individuals as equals.
- Equality isn't always present in private law, for example, in consumer or labor law.
- Public law, however, often acknowledges inequality, with individuals not being equal to state entities like tax authorities or the police.
Areas of Law
- Private Law: Governs relationships between individuals, businesses, and other private entities.
- Substantive Law: Focuses on the content of legal rules and regulations.
- Procedural Law: Deals with the methods and processes used to enforce legal rights and obligations.
General and Special Areas of Private Law
- General: Found in civil codes (laws), excluding criminal law.
- Special: Sub-areas of law that deviate from general law.
- Examples: Commercial law, consumer law, insurance law, intellectual property law.
History of Private Law
- Continental (Civil) System:
- Romanistic: France, Belgium, Spain, Italy, South America.
- Germanic: Germany, Switzerland, Austria, Japan, Turkey, частично Latvia, Estonia.
- Common Law (Anglo-American/Anglo-Saxon) System:
- Originated in England and spread to the US, Canada, Australia, India, and former British colonies.
- Based on judicial precedents, or common law.
Corpus Juris Civilis (CJC)
- Recovered around the 11th century and significantly influenced Continental legal systems.
- Developed by scholars who analyzed the CJC, creating the foundation of Continental jurisprudence.
Areas of Private Law in Roman Legal Tradition
- Family (Persons)
- Inheritance
- Things
- Obligations
Incapacitated Persons
- Continental System: Individuals declared fully or partially incapacitated by a court are protected more strongly, requiring confirmation of their contracts.
- Common Law: Focuses on the knowledge of the other party, but contracts can be void or voidable if the person with capacity could not understand or control their actions.
Delictual (Tort) Capacity
- Continental Law: Children under 7 and mentally incapacitated people are not liable, with responsibility placed on wards/parents for lack of supervision.
- Common Law: Contracts for necessities are always valid, even if the other party is aware of the person's mental disorder.
Objects in Private Law
- Fungible: Objects counted by weight, size, and quantity (e.g., wine, liquids).
- Non-Fungible: Specific objects with individual characteristics (e.g., a dog, a car).
- Consumable: Objects destroyed during use (e.g., drinks, food).
- Non-Consumable: Objects not destroyed during use (e.g., clothes, cars, buildings).
Ownership
- The most complete set of rights over an object, granting rights to use, possess, obtain benefits, dispose of, and retrieve the object from third parties.
Protection of Ownership Rights
- Rei Vindicatio: Owner can reclaim property from others who possess it without consent.
- Protection from Disturbances: Owner can prohibit others from affecting their property.
- Self-Help: Owner can exercise reasonable and immediate self-help to protect property (e.g., defending against a robber).
Obtaining Property
- Original Means:
- Mixing property with another.
- Creating new things.
- Occupatio: Control and intention, including hunting wild animals or obtaining abandoned things.
- Finding lost objects.
- Accession: Building a house on land, for example.
Derivative Acquisition
- Succession: Inheriting property from a deceased person.
- Merger: Combining two companies into one.
Transfer of Property
- Consensual System: Ownership is transferred upon agreement, regardless of possession (France, Belgium).
- Delivery/Register System: Ownership is transferred upon delivery (movables) or registration (immovables) (Germany, Switzerland, Latvia).
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