business law Flashcards
civil law
->relationship between individuals warranties damages contract law employer law commercial law property law
legal relationships
absolute right: towards objects
relativ right: towards persons
other absolute right: privacy, not bring filmed without consent
legal subjects
-natural person:everybody
-legal person: own legal entity
gmbh, AG
-partnerships
legal capacity
capacity to act: create rights and obligations through ones actions
capacity to conclude contracts
-some with 14 all with 18 except harming themselves
capacity to commit offences:
-with 14
representation
indirect representation:
-agent concludes contract in his name but in account of principle
direct representation:
-agent concludes contract in name and for account of of principle
principles of property law
law of property
-relationships of legal entity to asset
law of obligation
-relationship between people
occupation-possession-ownership
ownership
-legal and physical control over asset
possession
-control over asset with intention to keep it
occupation
-power over asset with no intention to keep it
categories of property
unrestricted right in rem -ownership restricted right in rem -easement -right of retention
modes of obtaining possession
physical
symbolic
per port
per declaration
breach of title
filed by possessor object
within 30 days
only possession and disturbance negotiable
ownership
dispose object, exclude others from using it actual co-ownership -you own a part of something simple co-ownership -own percentage
pledge
right in rem creditor gets if not satsified
easement
right to profit from another ones property
land register
sheet A: description of property
sheet B: ownership conditions
sheet C: restrictions on disposal
types of contrectual obligations
major obligations
accessory obligations
protection and care obligations
- you buy a tv
- the tv has to be installed
- while installing the tv they must not damage the floor
retention of title
the title remains with the seller until they got paid
defficiencies
root deficiency absolute nullity (legal capacity) relative nullity (usury) recession (fraud, error)
fraud and threat
fraud: intentionally providing wrong info
threat: threat to force somebody to sign