chapter 1: introduction

Question 1

law

Answer 1

set of general (mandatory) rules fot outward behavoir of persons living in a social context, enforceable by authorities.

Question 2

private law

Answer 2

part of the law dealing with legal relationships between private persons

Question 3

public law

Answer 3

part of the law dealing with legal relationships between the state and the private persons

Question 4

private persons:

Answer 4

are legal subjects (two kinds):

• natural person= human being, physical person (flesh, blood and bones)
• legal person= intangible legal subject, not composed of flesh …, created through a deed of incoporation/ registration

Question 5

civil law “legal family”:

Answer 5

(codified private law) based on:

• roman law (civil transactions)
• customary commercial law (commercial transactions, between merchants)

Question 6

common law “legal family”

Answer 6

(no codification on private law) based on:
- englisg comman law concepts= case law
(has no distinction between civil and commercial transactions)

Question 7

3 kinds of private law in the early middle ages

ca. 400 - 1100

Answer 7

• Roman law
• Customary law (tribal law)
• Law of the church (canon law)

Question 8

kinds of private law in the hight middle ages

ca. 1100 - 1500

Answer 8

• rediscovery of Roman law (corpus iuris civilis)

- development of Ius commune= common law of Europe

Question 9

kinds of private law in the high middle ages and early modern times (ca. 1200 - 1800)

Answer 9

• rise of “non learned” customary law

Question 10

codifications

Answer 10

code of law that encompasses an entire fiels of law in a clear, systematic and comprehensive manner which claims exclusive validity.

Question 11

French “civil code”

Answer 11

part of private law that applies generally to legal relationships between private persons

Question 12

French “commercial code”

Answer 12

part of private law that applies to legal relationships between those engaged in “trade and commerce” = “merchants”

Question 13

kind of private laws in the New socio - economic legislation (post WWII)

Answer 13

• regulatory law= regulating economic transactions with a view to ensuring the general interest in the smooth functioning of the marvket
• cross- cutting legislation= across traditional boundaries of private and public law

Question 14

French civil code structure

Answer 14

• first book: on persons
• second book: on goods and property law
• third book: on how to acquire ownership (wealth)

Question 15

French Code Civil, philosopical underpinnings

Answer 15

• partly modern
• partly conservative
• compromise between droit écrit (contract law, law of willas) and droir coutumier (family law, law of inheritance)

Question 16

German “Bürgerliches Gezetzbuch” structure

Answer 16

• first book: general part
• second book: law of obligations
• third book: law of property
• fourth book: family law
• fifth book: inheritance law

Question 17

common law based on “writs”

Answer 17

writs are at the beginning of a court action, they are commands of the King directed to an official / judgen and contained a brief indication of a matter under dispute

• calls the defendant into his court to resolve dispute

Question 18

comman law “equity”

Answer 18

Chancellor (a cleric) who was familiar with common law, tried to find remedies in unfairly decided lawsuits or if no “writ” existed

• called both parties and investigated in a non- formal process the truth

Question 19

Four stages of market integration- EU

Answer 19

1) free trade area
2) customs union
3) common market/ internal market
4) economic and monetary union (introduction of euro)

Question 20

internal market

Answer 20

free movement of goods, persons, services and capital (= negative integration) harmonisation (=positive integration)

Question 21

DCFR

Answer 21

“Draft Common Frame of Reference”

• purpose: awareness of ecistance of EU privat law; demonstates that just a small number of cases the different legal systems produce substantially different answers to common problems

Question 22

structure of DCFR

Answer 22

• B1: general provisions
• B2: contracts and other juridical acts
• B3: obligations and corresponding rights
• B4: specific contracts and the rights and obligations arising from them
• B5: benevolent intervention in another’s affairs
• B6: Non-contractual libility arising out of damage caused to another
• B7: unjustified enrichment
• B8: acquisition and loss of ownership of goods
• B9: proprietary security in movable assets
• B10: trusts