Unit 6- Legal facts and legal acts, rights and duties

Question 1

What is the legal relevance of natural acts

Answer 1

Refers to actions or conducts that have legal consequences without an explicit declaration of will

Question 2

What are legal acts?

Answer 2

They are conducted through a declaration of will which is intended to perform a change in rights and duties of who is acting

Question 3

What principle are legal acts based on

Answer 3

Principal of private autonomy

Question 4

What is the draft of common frame of reference

Answer 4

A project undertaken by the European commission aiming to create a unionised set of rules for contract law within the EU

Question 5

What are legal facts

Answer 5

Actions/ events that cause legal consequences

Question 6

What law do legal facts act on?

Answer 6

Play a major role in private law

Question 7

What are the different structures of legal acts?

Answer 7

• Unilateral
• Bilateral
• Multilateral

Question 8

What are the different contents of legal acts

Answer 8

• Patrimonial: the parties pursue an interest which can be economically assessed
• Non patrimonial: the parties will pursue an interest which cannot be economically assessed

Question 9

What are legal relations

Answer 9

The link between any position of “can do” and a matching position of “shall do or shall not do”

Question 10

What is the position of “can do”

Answer 10

Creditor position: entitles holder to claim performance by someone else

Question 11

What is the matching position of “shall not do”?

Answer 11

Debtor position: the other person that is obliged to act in a certain way in the interest of the creditor

Question 12

What is an obligation?

Answer 12

One of the main legal relations which ties together the holder of credit and that of a debt

Question 13

What is the definition of a right?

Answer 13

A right consists of a cluster of powers and privileges

Question 14

How can rights be categorised?

Answer 14

Relative rights (in personam): claim the holder may be raised solely towards one or many single legal subjects

Absolute rights (in em): entitles its holder to a claim towards anyone interfering with the possession over the good vested to them

Question 15

Patrimonial and non patrimonial rights in rem

Answer 15

Patrimonial: property, intellectual property, industrial property

Non patrimonial: rights of personality which are encompassed in the broader genre of human rights

Question 16

How can rights be categorised

Answer 16

• Patrimonial or non patrimonial: if it can or cannot be exchanged for money
• Disposable or non-disposable: depending on whether the good can or can’t be transferred to someone else

Question 17

What are statutes of limitation?

Answer 17

A legal action to protect a right can be started before a certain time limit after which the right can’t be enforced

Question 18

What are tolling provisions?

Answer 18

Refers to circumstances that temporarily suspend or extend the time period in which legal actions must be initiated