Private/Contract law

Question 1

What are the two fields of law?

Answer 1

1. Private law (relation between private parties)
2. Public law (regulates the behavior of the government)

Question 2

What is a legal person?

Answer 2

A group of persons or secluded capital that are/is an independent bearer of rights and obligations.

Question 3

What are the three types of legal subjects?

Answer 3

Natural person (human being), civil legal person, and public legal person.

Question 4

What is a legal object?

Answer 4

The object to which the laws apply.

Question 5

What are the three requirements for a legal act to be valid?

Answer 5

1. The legal subject is capable of exercising his/her legal rights.
2. The will to establish a legal effect.
3. A statement in which the will to a legal effect is revealed.

Question 6

What is a contract?

Answer 6

A legal status between two or more persons in which the creditor has the right to a specified performance and the debtor is obligated to perform.

Question 7

What are the two types of agreement?

Answer 7

1. Unilateral agreement (overeenkomst) ->1 obligation (e.g. donation)
2. Reciprocal or multilateral agreement -> 2 or more obligations.

Question 8

What is the basis of any contract?

Answer 8

Consensus. The freedom of contract is limited by law, and an agreement cannot be contrary to public/good moral, public order, or compulsory law.

Question 9

What is a terms and conditions?

Answer 9

It is applicable in multiple agreements and not about the core of the contract (price, quality). It is unliterally imposed!!

Question 10

What is representation?

Answer 10

Performing legal acts on behalf of someone else by someone who has the capacity to do so. Representative has a legal base for representation. Representative has no legal relation to the third party.

Question 11

What is power of attorney?

Answer 11

The represented gives the representative the capacity to perform legal/juridical acts in his/her name.

Question 12

What is fulfilment (in an agreement)?

Answer 12

Debtors should comply with the obligations arising from the contract. The obligation disappears when the fulfilment is done.

Question 13

What happens when there is no fulfilment (in an agreement)?

Answer 13

You can ask for fulfilment, damages, or rescission (ontbinding).

Question 14

What is rescission?
What are requirements for rescission?
What happens after rescission?

Answer 14

When performance is permanently impossible or no longer needed/wanted.

Requirements for rescission:
- reciprocal agreement (contract to cancel the contract)
- failure of the debtor
- debtor is in default
- failure warrants rescission.

When recission:
- no retroactivity = (partial) fulfillment needs to be reversed
- Debtor has a right to redelivery
- Contract for cancellation

Question 15

What is the statute of limitation / perscriptive period (verjaring)?

Answer 15

The period of time after which legal proceedings cannot be taken.
Fulfilment has a 5-year period
Damages have a 5 or 20-year period or never
Rescission has a 5-year period

Question 16

What 2 types of acts are there (in contract/private law)

Answer 16

1. Practical act (e.g. wrongfull act)
2. Juridical/legal act (acts with an intended legal effect)

Question 17

Under what conditions are terms and conditions voidable?

Answer 17

It is voidable if:
- No accessibility/cognizance of the terms and conditions
- black and grey list, (if it looks like the black list, it is voidable (not enforcable)
Grey list CAN be voidable, but you as the consumer needs to take action.

Question 18

What is reflex action?

Answer 18

as a small company you can also use the black/grey list

Question 19

How does breach of contract work?

Answer 19

If you have a contract and the counterparty fail to deliver, you first of all have to say that they are in default and give a term to fix it. (ingebrekestelling) = First notice of default.
If they dont fix it (in time), = default

Question 20

In what conditions is it not needed to send a notice of default in the case of a breach of contract?

Answer 20

No notice needed if:
- fulfillment is permanently impossible
- exceeded a hard contractual deadline
- communication from the debtor