Analysing Legislation and Case Law Flashcards
What is the difference between an Act and a Code?
A Code is a law in which a legislator gives exhaustive and systemic rules for a particular, more or less complete area of law.
An Act lays down rules for one or more separate topics.
What are the main units within an Act or a Code called?
They are called articles or statutory provisions. However, they are called sections in English law.
What does the Dutch Civil Code deal with?
The rights of:
1. Natural persons
2. Legal persons
3. Patrimony
4. Succession
Does the Dutch Civil Code deal with public or private law?
Private law.
How many books does the Dutch Civil Code consist of?
9 books.
What is the structure of patrimonial law in the Dutch Civil Code and of the provisions in the General Administrative Law Act?
The rules have a ‘layered’ structure which means that as you go from the first books to the last ones, the rules become more specific.
What is ‘schakelbepaling’ and why was it introduced to Dutch law?
It is an article declaring that other articles, titles, sections or even codes are applicable outside their original area of law. This is due to the ‘layered’ structure within the Dutch Civil Code and the General Administrative Law Act.
How many books does the Dutch Penal Code consist of and what do they concern?
3 books:
General provisions
Serious offences
Summary (or minor) offences
What are special statutes?
They are statutes that deal with offences concerning specific topics which exist outside the Dutch Penal Code.
What are the two parts of a provision? Define them.
- Legal conditions
- Legal consequences
Legal conditions are the prerequisites that must be fulfilled for the legal consequences to take effect.
What are the two types of legal conditions? Define them.
- Alternative conditions: There are two or more conditions and either one or the other must be fulfilled.
- Cumulative conditions: There are two or more conditions and all of them must be fulfilled.
Describe how alternative and cumulative conditions and consequences are organised in an article.
Alternative c&cs are placed in one numbered category which is divided into lettered sub-categories.
Cumulative c&cs are each placed into separate numbered categories.
What are the ‘relevant facts’ of a case?
Facts that started the conflict and that have legal consequences.
What is/are the ‘question(s) of law’?
The legal problem(s) that keep the parties divided.
Who or what can interfere with the exercise of protected right according to the court? Why is this possible in Dutch law?
- A European convention
- A treaty
- Authorities
Dutch law follows the policy ‘lex superior derogat legi inferiori’ and it does not follow the policy of ‘stare decisis.’
