Special Contracts: Non-competition Agreements and Legal Acts Quiz
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Questions and Answers

What does an obligation represent in a contract?

  • A commitment to refrain from a specific action
  • A commitment to perform a specific action (correct)
  • A commitment to transfer ownership of something
  • A commitment to receive a service

    • What does it mean when it is said that one cannot own human beings?

  • It represents a commitment to do in a contract
  • It is a risk without proof
  • It is a contractual principle (correct)
  • It is necessary to validate claims and ownership

    • In what kind of agreement are written contracts not mandatory?

  • Service agreements
  • Monetary agreements
  • Verbal agreements
  • Gentlemen's agreements in the UK (correct)

    • What is a common theme of contractual proof as mentioned in the text?

    <p>Conflict/legal issues</p> Signup and view all the answers

    What is the characteristic of an absolute/irrebuttable presumption?

    <p>It is taken as the truth once established</p> Signup and view all the answers

    What distinguishes a mixed presumption from an absolute/irrebuttable presumption?

    <p>Mixed presumptions have stricter legal controls</p> Signup and view all the answers

    What verifies the authenticity of a written proof authenticated deed?

    <p>Notarization by a public officer</p> Signup and view all the answers

    What happens if a client is dissatisfied with a service and it is not as informed or satisfactory?

    <p>The client may not be obligated to pay, especially for undisclosed additional costs.</p> Signup and view all the answers

    In a service contract, who may become the creditor?

    <p>The client who receives the service.</p> Signup and view all the answers

    What is essential for a valid contract according to the text?

    <p>Mutual agreement between parties.</p> Signup and view all the answers

    What may create obligations for both the service provider and the client in a service contract?

    <p>Paying for the service and performing the service.</p> Signup and view all the answers

    What is the main purpose of a non-competition agreement?

    <p>To restrict parties from engaging in activities that compete with the other party's interests</p> Signup and view all the answers

    Which characteristic is essential for a legal act?

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

    In which type of legal act do both parties take on obligations or transfer rights?

    <p>Bilateral Act</p> Signup and view all the answers

    What characterizes an onerous act?

    <p>Each party provides something of value</p> Signup and view all the answers

    What is the nature of obligation in a contract, according to the text?

    <p>A commitment to perform a specific action</p> Signup and view all the answers

    What is the role of the Adaptor in a contract, based on the text?

    <p>Performs the service/to do/to give</p> Signup and view all the answers

    In which type of legal act do both parties take on obligations or transfer rights?

    <p>Bilateral act</p> Signup and view all the answers

    What is necessary to validate claims and ownership, according to the text?

    <p>Necessary proof</p> Signup and view all the answers

    What is the primary characteristic of an absolute/irrebuttable presumption, based on the text?

    <p>Is accepted as true without the need for evidence</p> Signup and view all the answers

    Which of the following is NOT a nature of contractual principles related to ownership, as per the text?

    <p>Ownership can only be transferred through written contracts</p> Signup and view all the answers

    What characterizes a Gentlemen’s agreement in the UK, as mentioned in the text?

    <p>Highlights the value of one’s word in contracts</p> Signup and view all the answers

    What type of agreement often represents an absence of action in contracts, as mentioned in the text?

    <p>Non-Disclosure Agreement (NDA)</p> Signup and view all the answers

    In the context of burden of proof, who is responsible for providing evidence to back up a claim?

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

    What does the term 'Reversal of Burden of Proof' refer to in legal context?

    <p>The shift of burden of proof to the defendant based on legal presumptions</p> Signup and view all the answers

    What type of presumption can be overturned by contrary evidence?

    <p>Simple Predumption</p> Signup and view all the answers

    Who needs to provide evidence to disprove a legal presumption under the concept of 'Reversal of Burden of Proof'?

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

    What happens when legal presumptions are applied in a trial related to the existence of a contract?

    <p>The burden of proof shifts to the claimant</p> Signup and view all the answers

    In what position is someone considered if they believe the contract is not valid or have been wrongly accused?

    <p>Debtor/Adaptor</p> Signup and view all the answers

    What characterizes the responsibility of a person making a claim in a legal context?

    <p>Burden of proof</p> Signup and view all the answers

    What does the term 'Creditor' refer to in the context of making a claim based on a contract?

    <p>The party receiving a claim and providing evidence to support their position</p> Signup and view all the answers

    What role does the party placed in the position of 'Defender' play when on the receiving end of a claim?

    <p>Provide evidence supporting their position as not obligated</p> Signup and view all the answers

    What is essential for legally reversing the burden of proof in case of legal presumptions?

    <p>The other party needs to provide evidence to disprove the legal presumption</p> Signup and view all the answers

    Which type of legal act involves only one party creating legal effects, like a will or testament?

    <p>Unilateral Act</p> Signup and view all the answers

    What is the main purpose of a non-competition agreement?

    <p>To prevent parties from engaging in competing activities</p> Signup and view all the answers

    In which type of legal act do two parties take on obligations or transfer rights?

    <p>Bilateral Act</p> Signup and view all the answers

    What is the characteristic of an absolute/irrebuttable presumption?

    <p>It can be challenged with strong evidence</p> Signup and view all the answers

    What characterizes an onerous act?

    <p>It includes contracts where each party provides something of value</p> Signup and view all the answers

    What is essential for a valid contract according to the text?

    <p>Clear expression of intent</p> Signup and view all the answers

    What distinguishes a non-competition agreement from other types of contracts?

    <p>It prevents parties from engaging in competing activities</p> Signup and view all the answers

    What verifies the authenticity of a written proof authenticated deed?

    <p>Legal act characteristics</p> Signup and view all the answers

    In contract law, what distinguishes civil obligation from natural obligation?

    <p>Civil obligation is regulated and guaranteed by law, while natural obligation is not regulated by law.</p> Signup and view all the answers

    What type of proof is necessary to support the existence and terms of an obligation in a contract?

    <p>Proof based on relevant facts directly related to the obligation</p> Signup and view all the answers

    What is the primary purpose of a non-competition agreement?

    <p>Restricting parties from engaging in certain competitive activities</p> Signup and view all the answers

    What is the distinguishing characteristic of an onerous act?

    <p>Both parties providing something of value</p> Signup and view all the answers

    In what type of legal act does only one party create legal effects, as seen in the example of a will or testament?

    <p>Unilateral act</p> Signup and view all the answers

    What is the essential characteristic of an absolute/irrebuttable presumption?

    <p>Cannot be overturned by contrary evidence</p> Signup and view all the answers

    What is the distinguishing feature of a bilateral act?

    <p>Involves two parties taking on obligations or transferring rights</p> Signup and view all the answers

    What does the term 'Reversal of Burden of Proof' refer to in a legal context?

    <p>Shifting the responsibility to disprove a claim</p> Signup and view all the answers

    What is the nature of obligation in a contract, according to the text?

    <p>Creating, modifying, or extinguishing legal rights and obligations</p> Signup and view all the answers

    What characterizes a non-competition agreement from other types of contracts?

    <p>Restricting certain competitive activities</p> Signup and view all the answers

    What is the nature of a non-competition agreement as mentioned in the text?

    <p>Absence of action</p> Signup and view all the answers

    What is the main characteristic of an absolute/irrebuttable presumption according to the text?

    <p>Cannot be overturned by contrary evidence</p> Signup and view all the answers

    What role does the Adaptor play in a contract, based on the text?

    <p>Performs the service/to do/to give</p> Signup and view all the answers

    What is the term 'Reversal of Burden of Proof' in the legal context?

    <p>Shifting the responsibility of proof from one party to another</p> Signup and view all the answers

    What proof is necessary to validate claims and ownership, according to the text?

    <p>Necessary to validate claims and ownership</p> Signup and view all the answers

    What distinguishes a mixed presumption from an absolute/irrebuttable presumption?

    <p>Can be overturned by contrary evidence</p> Signup and view all the answers

    What is essential for a valid contract according to the text?

    <p>Commitment to do, not to do, or to give</p> Signup and view all the answers

    What is the main purpose of a non-competition agreement?

    <p>Preventing competition or disclosure of confidential information</p> Signup and view all the answers

    What is the nature of a gratuitous act?

    <p>Involves one party providing a benefit to another without expecting anything in return</p> Signup and view all the answers

    Give an example of a legal fact characteristic.

    <p>Not intentional</p> Signup and view all the answers

    What is the significance of independence from will in legal facts?

    <p>Create legal consequences regardless of individual's intentions</p> Signup and view all the answers

    What is the burden of proof in legal acts?

    <p>Provide necessary evidence to prove the facts in a legal dispute or trial</p> Signup and view all the answers

    What is the characteristic of willful misconduct?

    <p>Actions taken without the intent to create legal rights or obligations but resulting in legal consequences</p> Signup and view all the answers

    What type of events create legal statuses or rights, according to the text?

    <p>Birth or Fatality</p> Signup and view all the answers

    What is the involuntary nature of legal facts?

    <p>Parties are tied by these facts without their explicit consent or intention</p> Signup and view all the answers

    What are the characteristics of legal acts?

    <p>Validity and existing questions</p> Signup and view all the answers

    What is the nature of obligation in a contract, according to the text?

    <p>A commitment to do, not to do, and to give.</p> Signup and view all the answers

    What may create obligations for both the service provider and the client in a service contract?

    <p>Provisions and stipulations in the contract.</p> Signup and view all the answers

    What characterizes the responsibility of a person making a claim in a legal context?

    <p>The burden of proof.</p> Signup and view all the answers

    In which type of legal act do both parties take on obligations or transfer rights?

    <p>Bilateral legal act.</p> Signup and view all the answers

    What distinguishes a mixed presumption from an absolute/irrebuttable presumption?

    <p>The possibility of being overturned by contrary evidence.</p> Signup and view all the answers

    What is the main purpose of a non-competition agreement?

    <p>To restrict one party from engaging in competitive activities against the other party.</p> Signup and view all the answers

    What does the term 'Creditor' refer to in the context of making a claim based on a contract?

    <p>The party to whom the obligation is owed.</p> Signup and view all the answers

    What is necessary to validate claims and ownership, according to the text?

    <p>Proof of the obligation.</p> Signup and view all the answers

    What characterizes an onerous act?

    <p>An act that involves a burden or obligation on the person performing it.</p> Signup and view all the answers

    What verifies the authenticity of a written proof authenticated deed?

    <p>The necessity of providing evidence to support its authenticity.</p> Signup and view all the answers

    Non-competition Agreements restrict parties from engaging in certain activities that compete with the other party’s interests, commonly used in ______ and business sale contexts.

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

    A Legal Act is a deliberate and voluntary action taken by an individual or a legal entity with the intention to create, modify, or extinguish legal rights and ______.

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

    Bilateral Act involves two parties where each party takes on obligations or transfers ______.

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

    Unilateral Act involves only one party creating legal effects, like a ______ or testament.

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

    Onerous Act includes contracts or agreements where each party provides something of value, like in sales or service ______.

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

    In a service contract, who may become the ______?

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

    What is the main characteristic of an ______ presumption according to the text?

    <p>absolute/irrebuttable</p> Signup and view all the answers

    What is the primary characteristic of an absolute/irrebuttable presumption, based on the ______?

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

    What is the main purpose of a non-competition ______?

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

    The burden of proof can shift to the other party.the other party has to provide evidence to disprove the ______

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

    With legal presumptions, the burden of proof can shift to the other party. the other party has to provide evidence to ______ the presumption

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

    Simple Predumption: this presumption can be overturned or ______ by contrary evidence

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

    If you’re on the receiving end of a claim and you believe you’re not obligated, you also need to provide evidence to support your ______

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

    If you’re making a claim, it’s up to you to provide the evidence to back up your ______

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

    The person who makes a claim has to prove it. however, with legal presumptions, the burden of proof can shift to the other party.the other party has to provide evidence to ______ the presumption

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

    Court judgments, notarized agreements, property ______ Private Deed: document that the parties involved in the transaction or agreement create and sign themselves, without the need for certification by a public officer - Self-made - Legal Recognition: authenticated deed 만큼은 아니지만 it is still recognized legally, necessary criteria (like signatures of all parties involved) meet 한다는 전제 하에 Legal Requirement for Written Proof - The law often mandates that any act or transaction exceeding a certain value (over 1500 euros) must be documented with written proof - To prevent fraud, provide clear evidence, ensure transparency Other Means of Proof (증거가 될 수 있는 다른 방법들) For acts not exceeding 1500 euros, the requirement for formal written proof is relaxed.Parties can use various types of evidence such as: - Witness testimony: states from individuals who have direct knowledge of the facts in question.- Presumptions: assumptions made by law or by the judge base on the event - Wills 유언장: legal documents stating a person’s wishes to be carried out after their death Confessions Affidavits (서약 진술서, 선서, 개인이 진술한 내용이 사실임을 법적으로 선언하고, 공증인 또는 법적 권한을 가진 인물 앞에서 서명한 서면 진술.만약 거짓을 말할 경우 또 어긴 것으로 간주.) Electronic-Written Deeds and Signatures

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

    The person who makes a claim has to prove it.however, with legal presumptions, the burden of proof can shift to the other party.the other party has to provide evidence to ______ the presumption

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

    Existing questions. Do NOT ask these:

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

    The person who makes a claim has to prove it.however, with legal presumptions, the burden of proof can shift to the other party.the other party has to provide evidence to ______ the presumption

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

    What is the term 'Reversal of Burden of Proof' in the legal context?

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

    The person who makes a claim has to prove it. however, with legal presumptions, the burden of proof can shift to the other party.the other party has to provide evidence to ______ the presumption

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

    What may create ______ for both the service provider and the client in a service contract?

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

    Give an example of a legal fact ______.

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

    What does an ______ represent in a contract?

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

    What char______erizes an onerous ______?

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

    What is essential for a valid ______ according to the text?

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

    What is the term 'Creditor' refer to in the context of making a ______ based on a contract?

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

    ______ Act: involves one party providing a benefit to another without expecting anything in return, like gifts or donations - 한 당사자가 다른 당사자에게 어떠한 대가를 기대하지 않고 혜택 제공 - ex.선물이나 기부 Bilateral Act 안에 Reciprocal Contract 있고 Onerous Act Legal Fact - events or actions that have legal consequences but were not performed with the intention of creating those legal effects Legal Fact Characteristics Not intentional - the event or action happens without the aim of producing legal outcomes.- not about what someone decides to do but rather about events that occur.Example - Willful misconduct: actions taken without the intent to create legal rights or obligations but resulting in legal consequences (like liability for damages) - 실수나 부주의로 인해 발생하는 사고 (교통 사고) 혹은 결과를 생각 안 하고 한 잘못 - Birth or Fatality: natural events that create legal statuses or rights, such as inheritance rights upon death or citizenship rights upon birth Independence from Will (의사가 없는 것) - Legal facts create legal consequences regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.Burden of proof (법적 분쟁이나 재판에서 사실을 입증하기 위해 필요한 증거를 제공해야 하는 의무, 입증) Legal Acts: 1.validity 2.

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

    Bilateral Act 안에 ______ Contract 있고 Onerous Act Legal Fact - events or actions that have legal consequences but were not performed with the intention of creating those legal effects Legal Fact Characteristics Not intentional - the event or action happens without the aim of producing legal outcomes.- not about what someone decides to do but rather about events that occur.Example - Willful misconduct: actions taken without the intent to create legal rights or obligations but resulting in legal consequences (like liability for damages) - 실수나 부주의로 인해 발생하는 사고 (교통 사고) 혹은 결과를 생각 안 하고 한 잘못 - Birth or Fatality: natural events that create legal statuses or rights, such as inheritance rights upon death or citizenship rights upon birth Independence from Will (의사가 없는 것) - Legal facts create legal consequences regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.Burden of proof (법적 분쟁이나 재판에서 사실을 입증하기 위해 필요한 증거를 제공해야 하는 의무, 입증) Legal Acts: 1.validity 2.

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

    Independence from Will (의사가 없는 것) - Legal facts create legal consequences regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.Burden of proof (법적 분쟁이나 재판에서 사실을 입증하기 위해 필요한 증거를 제공해야 하는 의무, 입증) Legal Acts: 1.validity 2.

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

    ______ Acts: 1.validity 2.

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

    Legal facts create legal ______ regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.Burden of proof (법적 분쟁이나 재판에서 사실을 입증하기 위해 필요한 증거를 제공해야 하는 의무, 입증)

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

    Legal facts create legal consequences regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.Burden of ______ (법적 분쟁이나 재판에서 사실을 입증하기 위해 필요한 증거를 제공해야 하는 의무, 입증) Legal Acts: 1.validity 2.

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

    Legal Acts: 1.______ 2.

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

    Independence from Will (의사가 없는 것) - Legal facts create legal consequences regardless of the individual’s or party’s ______.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.

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

    Legal facts create legal consequences regardless of the individual’s or party’s intentions.Involuntary nature - Parties are tied by these facts without their explicit consent or intention.

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

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