Introduction to Civil Law: Subjects. Intro to Family Law PDF

15/10/2024 Introduction to Civil Law: Subjects. Intro to Family Law Dr. Aleksandrs Fillers, LL.M Associate Professor 1 Pla...

15/10/2024 Introduction to Civil Law: Subjects. Intro to Family Law Dr. Aleksandrs Fillers, LL.M Associate Professor 1 Plan § 1) Subjects of Private Law § 2) Capacity § 3) Intro into family law 2 1  15/10/2024 Who participates in private law relations? § Two key subjects (actors): § 1) Natural Persons (humans) § 2) Legal persons (artificial/juridical persons) 3 Legal persons § Legal person (artificial person) is an organization created for certain purpose that is recognized by the legal order as a legal subject with its own separate patrimony. § A fiction that allows a group of people to organize their participation in the circulation and limit liability of those people 4 2  15/10/2024 Examples § 1) State (Latvia, France, Belgium, etc.) § In Latvia, the state has one legal person; in some states different ministries, departments, institutions might have their own legal personalities § 2) Municipalities § 3) Companies: § 1) Gmbh (Germany)/SARL (France)/SIA (Latvia); § 2) AG (Germany)/ SA (France)/ AS (Latvia) 5 Main characteristics of Legal Persons § 1) Separate personality: brings claims in courts, can be defendants, etc. § 2) Can conclude contracts and act in their own name § 3) Have separate patrimony (assets) and are liable within the limits of their patrimony 6 3  15/10/2024 1) Capacity to Have Rights § In some states there is a distinction between two capacities: § 1) To have rights § 2) To perform legal acts and to be liable in torts § All natural persons have capacity to have rights from their birth § All legal persons have capacity to have rights 7 Capacity to Perform Legal Acts: the clash of interests Protection of the inept party Minimize intrusion into their lives + ensuring that someone concludes contracts with them Protect reliance of others 8 4  15/10/2024 Minors: Capacity to Perform Legal Acts § 1) Minors (normally) before 18 years do not have full capacity § E.g., Latvian CL Art. 219: children before 18 are minors § Minors will have guardians (normally, parents) who contract in their name 9 Minors II: contracts without guardian approval § French law: contracts - invalid unless: 1) law/usage allows them to contract; 2) no economic disadvantage to the minor; § German law: 1) before 7 years: full invalidity; 2) After 7: contracts conveying only benefits; money/things given by parents (pocket money rule) § Latvian law: contracts by minors - full invalidity unless 1) emancipated children; 2)conveying manifest benefit; 3) concerning independent property (from 16 years) § CL Arts. 195, 221, 260, 261 10 5  15/10/2024 Persons with Mental disorders § 1) Incapacitated persons: § Declared to be fully/partially incapacitated by court § In Continental tradition: they get appointed curatele/wardship § Their contracts are void or voidable unless confirmed by the ward § Continental system usually protects more strongly the incapacitated person § Common law looks at the knowledge of the other contracting party 11 Persons without mental disorders § Contracts might also be void/voidable if the person with capacity was unable to understand/control its will when contracting § BGB §105/French Code Art. 414-1 – invalid; § BGB §105a: exception for everyday transactions § LCL Art. 1408: contracts invalid § Common law looks at the awareness of the other party § Contract for necessities (everyday things) always valid: even if the other party knows about the mental disorder 12 6  15/10/2024 Delictual (tort) capacity § CL: Arts. 1637-1639: 1) children below 7; 2)mentally incapacitated persons not liable and people with capacity but at the moment when they could not understand or control their actions § 1639: responsibility of wards/parents for lack of supervision § However, Art. 1780 seems to contradict Art. 1637. Think yourself how could we resolve this contradiction? § BGB Art. 828(3) limits liability of children from 7-18 to their understanding § DCFR VI: 3:103, VI: 3:104 and VI.: 5:301 (read on your own) 13 Family Law I: Relations between spouses § Covers: § 1) validity of marriage, partnerships, § 2) divorce and its effects (maintenance/alimony) § 3) Matrimonial property: who owns what, who can represent the family, dispose of property 14 7  15/10/2024 Family Law II: Relations with children § How to determine paternity and status of children (in and outside marriage) § Representation (guardianship) over minors and their property § Adoption: when it is possible; its consequences for the parties involved 15 8