Legal relationship-content and object Flashcards
- Are you able to explain what the content of a Legal relationship is?
The content of Legal Relationship refers to the kind of legal positions that exist in this relationship, happening between the subjects.
- And What about the Object of a Legal relationship, what does this analysis seek to address?
The object of Legal Relationship refers to what thing/behavior is appropriate and adequate to satisfy a need to enforce an interest that the law wishes to protect/sacrifice
What’s a credit right and use this concepto in landlord tenant
A credit right is an active position in a situation regarding debt, where the subject has the right to demand a certain type of behavior from someone else. For example, the landlord has a credit right to receive the rent from the tenant, who has the duty to pay it.
Whta’s a potestative right. Use this concept in landlord tenant
Potestative rights are linked to concept of power. The holder of these rights may exercise them out of free will, triggering legal change in the legal sphere of others, independently of the will of the latter. The passive subject is not required to cooperate and can do nothing to impede it. Potestative rights may be constitutive (implying the creation of something new), extinctive (put an end to something) or modificative (something is changed), for example, the contract between the landlord and the tenant may be changed due to change in circumstances, like a raise in rent.
What«’s erga onmesn and use it in landrd tenant
Finally, erga hommes rights are rights that may be upheld by their holder against anyone. These rights fall directly upon a thing or other reality treated as a thing, conferring on the holder of the right power over it and the right to demand attitude of respect. For example, the landlord may paint the walls of the house bright pink even if this is against the tenant’s wishes, as the house belong to the landlord.
What is a fact and an example?
Fact are events to which the law attaches certain consequences
Fact is a simple event and its legal consequences arise from a contingent legal qualification.
Example: earthquake or flood, the passge of time or death
Some facts may also be orginiated by humans yet these are originated without consciousness or intent that something is happening (involuntary acts)
What is an act and example?
When the fact is performed in a voluntary way, we consider voluntary acts.
Voluntary acts can be divided into two categories
-acts (sticto sensu) or simple acts: an agent may choose whether to act but has no bargaining power as to the type of effects produced by a simple act. There is no room for negotiation
What is a contract and exampke
-contract: we consider to have tru declarations/statements regarding intent or will of the persons involved. The gaent may choose whether to act and th type of effect his/her actions will bring about. The contract is considered to be the most noble action of a human being in civil law, there is room for negotiation between two or more parties.
Here, the contract can be unilateral or bi-lateral/plurilateral.
What is important is that (for now) you grasp that we allow theoretically for the concept of unilateral contracts. it will mean that a situation that appears to be unable to bind two parties, because it may appear to you that since they will not have both sat down and signed the same document at the same time – no “proper” contract exists - will actually be able to be enforced
Is it true that CRIMINAL sanctions are imposed on persons by their employers?
Disciplinary sanctions are anctions imposed on persosn by their employers and not criminals
What is a REPRIMAND (please don’t arrive late again!) is this a sanction or a comment?
The senctence”please don’t arrive late again!” is a comment because it cannot be translated into a consequence for the person to whom the sentence is being said. A sanction always implies consequences, positive or negative nes, that can be translated into damages, monetary sanctions, reprimenads, prisons or even intorewards
What is the objective of compulsory sanctions?
sanctions structure into making people comply, albeit late, and as fast as possible
example of compulsory sanctions?
someone who faulters on alimony payments, one efficent santion is the court oders the bank to seize part of their salary to be paid via bank directly to the ex partner.
why ould a jail sanction not be effective in the alimony case?
Bceause it would make the person stop working and th objective of geeting the alimony paid would not be achieved.
Reconstitutive santions?
The idea is to reconstiute the world as it was before.
Steal the jacket and give the person the jacket or buy another
Compensatory santctions objective?
Internalizing externalities by way of transfer of money and having the judge dtermine the liquidated damages term
