Inroduction Flashcards
What is Law?
Law is the totality of all norms governing the external order of coexistence of men.
What are the two types of laws?
- Objective Law - legal system, i.e. the totality of all legal principles;
- Subjective Law - the right and remedies of the rights owner to do or refrain from doing anything by virtue of an objective right;
What is the purpose of law
establishment and maintenance of justice, legal certainty and peace between the people.
What is the Written Law/ Material Law
Codified within the framework of a legislative procedure or international treaties.
Order of precedence of written law
- Law of Nations/ international law (e.g. United Nations Charter);
- EU-law (e.g. EU treaty, EU regulations, EU directives)
- Constitutional law;
- Laws;
- Ordinances;
- Statutes
Unwritten law (custody law)
- Has evolved through long-term use in legal practice;
- Is perceived as a right, without it being a law;
- e.g. trading customs, trade terms
NOT: Supreme Court case law
What are the legal sources?
Written law/ Material law
Unwritten law/ custody law
Public Law (between the subjeccts)
- PL regulates the relationship between the citizen and state
- Principle of supremacy and subordination between public authority and citizen
- covers law of nations, European law, constitutional law, administrative law, criminal and procedural law
EU-law
Treaty about the Functioning of the EU
El-Regulations
EU-Directives
Constitutional law
Grundgesetz
Constitution of countries
Administrative Law
Construction Law
Police Law
Tax Law
Social legislation and Welfare
Criminal Law
Narcotic Drug Law
Administrative Offence Law
Private Law (between subjects)
- legal relation between citizens
- level of equality
- tools: contract
- Jurisdiction: ordinary courts
- Legal process: Civil courts, commercial courts; Special responsibilities: Labour Law
Private Autonomy
Principle:Everyone can organise his or her own living conditions within the framework of the legal order
- Human self-determination
Found in:
- Freedom of contract; Statutory autonomy; Testamentary autonomy;
Does not apply without limits!
Mandatory/ dispositive law
- Compliant/dispositive law - legal norms may be amended by the contracting parties
- Compulsive/ mandatory law - legal norms can not be amended by the contracting parties by means of an agreement
Substantive and procedural law
Substantive Law - rules that are creating and obligations (German Civil Code, German Commercial Code, French Code Civil, Italien Codice Civile)
Procedural Law - rules for enforcing substantive law (German Code of Civil Procedure, Criminal Procedure Code, Administrative Procedure Code);
procedural law follows substantive
Major legal areas
Commercial and contract law; Corporate law; Industrial property rights; Tax law; Public law regulations (competition law)
The European company: Societas Europaea (SE)
- product of harmonisation efforts in company law of the EU. It is a joint-stock company (legal entity) whose capital divided into shares,the registered office must be in an EU member state.
Approx 400 SE in Germany; min capital 120.000(AG 50.000;Gmbh 25.000)
Reasons to convert company to SE
- Image:more modern,international;
- Board structure can be determined:german form of a joint-stock company is structured in the 2-tier system(management- and supervisory-board),but could be done 1-tier system (administration board).
- Change of domicile:SE can change his seat easier to another member state of the EU;
- Co-determination rights;
Co-determination rights
Legal basis: Co-determination law, One-Third Participation law
Law:supervisory board of companies (esp.AG) has to contain 50% employees of their representatives if company has more that 2000 employees in germany
One0third participation law:supervisory board of companies has to contain 33% employees of their representatives if company has at least 500 employees in DE
Major element: if a co-determination agreement is concluded the status of codetermination present at conversion to SE will remain frozen
International Civil Procedure Law
National and international law, regulations regarding international jurisdiction of courts
International Private Law
- National Law and International law;
- European Law;
- Regulations regarding the material (substantive) law to apply
International Law
Law (contracts) between states:
- International Conventions
- International Customs
- The general principles of law recognised by civilised nations
- Judicial decisions and the teaching of the most highly qualified publicists
International Convention
- WTO (World Trade Organisation) and GATT (Agreement on Tariffs and Trade)
- UN and its Commissions (ILO (international labour organisation), ECOSOC (Economic and Social Council)
UNCITRAL (United Nations Commission on International Trade Law (Model Law on International Arbitration; model law on electronic commerce; model law on international credit transfer)) - IMF (International Monetary Fund)
-World Bank)
