Private Law Overview

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Questions and Answers

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?

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?

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?

Individuals who lack capacity at the moment of the act cannot be held liable. Signup and view all the answers

What is the contradiction mentioned between Articles 1637 and 1780 in relation to liability?

Article 1637 states no one is liable for incapacitated persons while 1780 includes provisions for them. Signup and view all the answers

What is a characteristic of private law in relation to the equality of parties?

It allows parties to negotiate terms freely as equals Signup and view all the answers

Which area is typically governed by procedural law?

The administration of justice in courts Signup and view all the answers

In which of the following scenarios would public law be applicable?

An individual's failure to pay taxes Signup and view all the answers

What differentiates special areas of private law from general areas?

Special areas operate under distinct legal regimes Signup and view all the answers

Which statement is true regarding the systems of law mentioned?

Common law has evolved from three distinct elements Signup and view all the answers

Which of the following is NOT considered a special area of private law?

Criminal law Signup and view all the answers

Which of the following best describes the primary focus of substantive law?

It governs the behavior of legal and natural persons. Signup and view all the answers

Which of the following countries primarily follows a common law system?

India Signup and view all the answers

What was the primary influence of the Corpus Iuris Civilis in the development of Continental law?

It served as a foundational analysis for Continental jurisprudence by scholars. Signup and view all the answers

Which area of private law was historically included in the Roman legal tradition?

Inheritance Signup and view all the answers

What significant legal change took place around the time of William the Conqueror's conquest of England in 1064?

The establishment of a non-codified system of common law. Signup and view all the answers

How did the division of law in France during the development of the Civil Code occur?

Through a combination of Roman Law in the South and Germanic customary law in the North. Signup and view all the answers

Which statement accurately describes the situation of Scandinavia in relation to the Corpus Iuris Civilis?

Scandinavia is sometimes argued to not be part of the Continental legal tradition. Signup and view all the answers

Which of the following best describes a fungible object?

An object that can be counted by weight, size, and quantity. Signup and view all the answers

What distinguishes a non-consumable object from a consumable one?

Non-consumable objects retain their usability over time. Signup and view all the answers

Which right is NOT typically included in the set of ownership rights?

The right to occupy the property indefinitely. Signup and view all the answers

What legal remedy can an owner seek against someone illegally possessing their property?

Rei vindicatio. Signup and view all the answers

According to the legal principles described, ownership allows an owner to do which of the following?

Prohibit others from using or affecting their property. Signup and view all the answers

Which statement accurately reflects limitations on ownership rights?

Limitations can arise from public law or agreements. Signup and view all the answers

Which of the following statements is NOT true regarding the right to possess property?

Possession can only be claimed if the owner is present. Signup and view all the answers

What is the main purpose of the ownership action in private law?

To declare ownership rights and regain possession. Signup and view all the answers

What legal principle allows an owner to protect their property from imminent interference?

Self-help Signup and view all the answers

Which method of property acquisition involves gaining rights by mixing one's property with another's?

Mixing Signup and view all the answers

What is required for derivative acquisition when comparing land ownership in Latvia?

An owner must be present for property to exist Signup and view all the answers

In a consensual transfer system, which statement is true?

Ownership is transferred immediately upon agreement. Signup and view all the answers

Which situation exemplifies occupancy as a means of property acquisition?

Catching fish in public waters Signup and view all the answers

Under which condition is damage to property classified as a delict (tort)?

If it requires compensation from the offender Signup and view all the answers

In the delivery/register system, what occurs upon selling a house?

The seller remains the owner until registered. Signup and view all the answers

What is an example of derivative acquisition through contracts?

Selling a company to another Signup and view all the answers

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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Description

This quiz explores the fundamental aspects of private law, including its definition, areas, and historical context. It distinguishes between substantive and procedural law while also highlighting the relationship between private entities. Test your knowledge on general and special areas of private law and their implications.