Theme 1 Flashcards
What is legal subjectivity?
It means being recognized by the law as having rights and duties.
Example sentence: Legal subjectivity is essential for individuals to enforce their rights in court.
What is a person in legal terms?
A person can be a human being or an organization that has legal rights and duties.
Additional information: Legal terms define a person broadly to include both individuals and entities.
What is a legal subject?
A legal subject is anyone or anything the law recognizes as having rights and duties (e.g., humans, corporations).
Additional information: Legal subjects encompass a wide range of entities recognized by the law.
What is legal personality?
Legal personality is the ability to have legal rights and duties, such as owning property and entering into contracts.
Example sentence: Legal personality allows entities to participate in legal transactions.
What does the UNESCO Recommendation suggest about AI?
It suggests that AI should be used ethically and consider its impacts on human rights, dignity, and the environment.
Additional information: The UNESCO Recommendation emphasizes ethical AI usage.
Why is it difficult to grant legal personality to AI?
Because AI lacks consciousness, moral agency, and the ability to bear responsibilities.
Additional information: AI’s lack of human-like qualities poses challenges in legal recognition.
What are natural persons?
Human beings.
Additional information: Natural persons are individuals recognized as legal entities.
What are juristic persons?
Non-human entities like corporations that have rights and duties under the law.
Additional information: Juristic persons include organizations with legal standing.
What is the consequence of juristic persons being separate from their members?
Members are usually not personally liable for the debts and obligations of the juristic person.
Additional information: Separateness protects individual members from personal liability.
What are legal objects?
Things over which legal subjects can have rights, like property or intellectual property.
Additional information: Legal objects are the subject matter of legal rights and duties.
What are legal subjects?
Entities that hold rights and duties, such as people or corporations.
Additional information: Legal subjects possess legal rights and obligations.
What are corporal things?
Physical objects like land or goods.
Additional information: Corporal things have tangible existence.
What rights or duties are associated with corporal things?
Ownership rights.
Additional information: Ownership of corporal things involves legal entitlements.
What are incorporeal things?
Non-physical things like patents or debts.
Additional information: Incorporeal things lack physical substance.
What rights or duties are associated with incorporeal things?
Intellectual property rights.
Additional information: Incorporeal things involve intangible legal rights.
What are personal rights?
Claims against another person, like the right to be paid.
Additional information: Personal rights involve legal entitlements against individuals.
What rights or duties are associated with personal rights?
Contractual rights.
Additional information: Personal rights often arise from contractual relationships.
How does the Constitution relate to private law?
Private law must align with constitutional principles and cannot violate constitutional rights like equality or freedom.
Additional information: The Constitution serves as a framework for private law.
What is capacity in legal terms?
The ability to perform legal actions, such as making contracts or suing.
Additional information: Capacity determines one’s legal competence.
What is status in legal terms?
A person’s legal standing, influenced by factors like age or mental state.
Additional information: Status affects legal rights and obligations.
What is passive legal capacity?
Being able to hold rights and duties, which everyone has.
Additional information: Passive legal capacity is a fundamental legal attribute.
What is the capacity to perform juristic acts?
The ability to enter into contracts, which varies by age and mental state.
Additional information: Capacity for juristic acts depends on legal factors.
What is the capacity to litigate?
The ability to sue or be sued.
Additional information: Litigation capacity involves legal actions in court.
What is the capacity to be held accountable?
Being responsible for wrongdoings, such as criminal liability.
Additional information: Accountability capacity involves legal liabilities.
How does status affect capacity?
Status, like being a minor, affects one’s capacity to perform juristic acts.
Additional information: Status influences legal capabilities.
Does sex, gender, or sexual orientation generally affect legal capacity?
Generally, no.
Additional information: Legal capacity is typically not based on sex, gender, or sexual orientation.
How does mental illness affect capacity?
It can limit the capacity to perform juristic acts.
Additional information: Mental illness may impact legal competence.
How does intoxication affect capacity?
It temporarily limits capacity.
Additional information: Intoxication can impair legal abilities temporarily.
How does prodigality affect capacity?
Being wastefully extravagant can lead to limited legal capacity.
Additional information: Prodigality may result in legal restrictions.
How does insolvency affect capacity?
It limits the capacity to handle financial matters.
Additional information: Insolvency affects financial legal responsibilities.
How does domicile affect capacity?
Legal residence affects jurisdiction and applicable laws.
Additional information: Domicile determines legal jurisdiction.
How does minority (age) affect capacity?
Minors have limited capacity to perform juristic acts.
Additional information: Age impacts legal capacity.
What are the components of contractual liability?
Agreement (offer and acceptance), intention to create legal relations, and consideration (something of value exchanged).
Additional information: Contractual liability involves specific legal elements.
What is specific performance?
A court order to perform the contract.
Additional information: Specific performance enforces contractual obligations.
What are contractual damages?
Compensation for breach of contract.
Additional information: Contractual damages remedy contract violations.
What are the components of delictual liability?
Wrongful act, fault (intent or negligence), harm, and causation.
Additional information: Delictual liability involves various legal requirements.
What are delictual damages?
Compensation for harm caused by a wrongful act.
Additional information: Delictual damages address harm from wrongful acts.
What is the Aquilian action?
Compensation for financial loss due to a wrongful act.
Additional information: The Aquilian action provides redress for financial harm.
What are contractual damages?
Compensation for breach of contract.
What are the components of delictual liability?
Wrongful act, fault (intent or negligence), harm, and causation.
What are delictual damages?
Compensation for harm caused by a wrongful act.
