2.

Question 1

main pillar of private law

Answer 1

absolblute property
binding force
freedom of contract
fault based liability in

! in time new institutions were added in order to moderate their effect:
abuse of right
good faith
strict liability
unjustified enrichmnet

Question 2

private law

Answer 2

Default + manparties cannot mandatory ruled

default = filling the gaps of the contract clarifying
mandatory= market must be regulated PARTİES CANNOT CONTRACT AROUND

Question 3

rights

Answer 3

A. Absoulte rights:
an immediate power of control over the object of the right which entitled him to exclude any other person from unauthorsied interface with his rights( freedom of though, freedom of religion)
you vs All
(over tangible property, over intangible property, over onseld, over another person)

B. Relative rights = obligatory = economic
power to claim a performance ( certain situations husband father guardian)
you vs debtor

C. rights effective in changing legal relations
they create modeify legal relation
1- rights forming legal relation: right to purchase, right to first option, right to repurchase.
2- rights modifying legal relation: return of a defected product
3- rights ending legal relation: right to resignation, right of notice

Question 4

juristic acts

Answer 4

creates new legal statutes or alters an existing one
2 elements: an expression of intention, a lawful cause
immediate purpose is to establish juristic relations btwn persons to create modify transfer extinguish rights

Question 5

juristic right types

Answer 5

A. unilateral vs bilateral
uni= 1 party is enough(registration rejection of succession)
bi = both parties needed

B. compensated vs gratious
comp=both parties give smth to each other (shop)
gra= provide some party with smth without expecting anything(loan,donation)

C. inter vivos vs mortis cause
i= legal effects when alive (contracts)
mortis = when dead (will)

D. formal vs informal
f= written doc or witness (marriage, contract)
i= don’t need validity(sale)

E. abstract vs causative
a= validity of the act don’t depend on the legality of the underlying cause(discharge of debt)
c= cause - effect (conveyance of an immovable)

F. promissory vs dispositive
p= specificrights on the parties but does not have the effect to dispose them (contract)
d= transfers, creates alters a right in rem that is effective not merely btwn the parties but also against the world

G. acquisitive
dispositive
promissory
legal