Lecture 2 Flashcards
Legal Subjects (persons)
a1) natural persons
-acting for private purposes
-acting for commercial purposes (business; 1-man business; craftsmanship; liberal professions - doctor, attorney)
a2) legal persons
- w/o legal personality (partnerships) - separate assets (private creditors)
- w/ legal personality - companies
Legal Objects
- Goods:
-tangible/intangible
-movable/immovable
-generic/specific - Animals
- Services
Types of Rights
Real Rights (absolute) & Personal Rights (relative)
Real Rights
- rights over an identifiable asset
- follows only asset, not owner (owner doesn ot matter)
- closed-system (only legislator can create real rights)
- ownership, real security rights, real easements
Personal Rights
- claims/obligations on a person
- e.g. transfer money to me, the creditor, to repay your debt
Legal Facts
every fact to which the law accords legal consequences (birth, death, conditions, etc.)
Tort’s Law
civil wrong that causes a claimant to suffer loss/harm - results in legal liability of the causer
Legal Acts & Types
every action or omission which is deliberately (suznatelno) taken considering the consequences accorded to it by law
-unilateral - offer/resignation
-multilateral - contract
Conditions for a legal act
Consent; Object; Cause; Ability:
Sanctions & When
- avoidance of legal act
- sanctions the rules that were breached upon the conclusion of a legal act
Avoided vs Void
- avoided - can be revoked (?) abides the law, but there might be a clear disadvantage
- void - invalid; does not abide by the law
Avoided vs Void
- avoided - can be revoked (?) abides the law, but there might be a clear disadvantage
- void - invalid; does not abide by the law
Relative Nullity
invoked by victim of absence of necessary conditions (protected party) of legal act; mandatory law
