Chapter three Flashcards
Basic concepts of law
What is public law?
It is when the government plays a central role
What is private law?
It is between private citizens
What is substantive law?
Rules that give people rights and determine what people should do
What is procedural law?
Provides rules for court procedures and for the organisation of the judiciary
What are legal subjects?
Human beings but can be anyone or anything the law wants
What is a natural persons?
Human being
What is a legal persons?
Organisation
What is an operative fact?
It is a fact which has matches the conditions which has a legal consequence attached to it
What is a juridical act?
It is an act performed with the intention to bring about legal consequences
What are factual acts?
Acts which are not aimed at creating legal consequences
When is an act null and void?
When the performance of a juridical act lacks relevant competence
What are the grounds for avoidance?
Intention of an agent brought about the wrong way or the content was undesirable
What are the two elements of a duty?
The agent who has the duty and the kind of action which the agent is obliged to perform
What are mandatory rules?
Rules that impose duties
What is competence?
Precondition for the intentional creation of a legal consequence by means of a juridical act
What is a claim?
Counterpart of an obligation
What is an obligation in civil law?
duty
What is an obligation in common law?
What a person is obligated to do in favour of another
What is erga omnes?
Property rights
Who has the competence to transfer property right?
Owner
What is the right to bodily integrity and who has the competence to transfer this right?
It is the competence to enforce a right through juridical procedure. The owner of this right has the right to waiver his right and give permission to affect his body
What does freedom of expression involve? and who has the competence to transfer this right?
It involves the prohibition of the state to withhold legal subject from personal expression. Owner of this right has the competence to waiver this right
What is the right to health care?
Free access to health care
