Lecture 1 Flashcards
Why is there law?
in big societies where people deal with unknown persons there’s the need to establish rules for co-operative bounds to determine their behaviour
Law
= system of regulations to govern the conduct of the legal persons (even non-physical)
Act
= statute enacted by a legislative branch; act= legge in italian– related to the sphere of law and of contracts.
Right
= power or privilege held by a legal person, both natural and juristic, as the result of a legal rule
ENGLISH LANGUAGE: it distinguishes between right and law (latin countries do not)
Legal personhood
= entity vested of rights and duties– capability of existing in the legal system and vested with both rights and duties
Legal personhood can be:
- natural persons (= naturally and physically existent); from birth to death (entire brain death)
- public entities (from birth to extinction)
- private entitites (from birth to extinction)
Legal Capability
= capability of legally acting by exercising rights and assuming duties (worth for human beings and collective bodies)
One must be CAPABLE to exercise his legal capacity– while personhood is recognized by birth the legal capacity is recognized generally speaking after 18 years.
Legal Facts
= natural events that have legal consequences
Natural events= happenings under no human influence (ex. the reaching of 18 years old)
Legal Acts (human behaviour)
= human behaviour (both of individuals and collective bodies) that have legal consequences.
Such behaviour must be externalized by an action or omission even at minimum (= attempt)
Legal system also takes into account the psychological element behind the behaviour (malice or purpose; negliegence or reckless)
Legal Goods
= objects of legal rights or duties– legal system establishes the criteria upon which something is to be considered a legal good
