Zusammenfassung der Ressource
Basic Concepts of Law
- Fields of Law
- Private Law
- government
as such plays
no role
- property law
- contract law
- family law
- tort law
- private
international
law
- except: eg:
ownership of
police car,
same
- relations
between
citizens
- Public Law
- government
as such
plays a role
- criminal law
- punishment
by/on behalf of
the gov
- administrative law
- interaction gov vs citizen
- eg: tax law
- constitutional law
- trias politica
- international law
- EU Law
- private + public
- Substantive v. Procedural law
- what people should do
- gives rights
- means to enforce laws
- rules for court etc
- branch of procedural law
for branches of
substantive law
- civil, criminal, administrative procedure
- "Functional fields"
- laws: all 4 categories
- function more
important than
belonging to
main areas
- function: consists of regulated topic
- eg: environmental law
- Rules
- prescribe behavior
+
- create rights
- describe procedures
- set up institutions
- Structure
- condition + conclusion part
IF-THEN
- operative facts
- case's facts that satisfy
the contitions of the rule
- if rule is
applied-
legal
effect
attached
to case
- Dynamic Rules
- rules that lead to new facts
- eg: commit crime,
punishable from
then on
- Count-as Rules
- simply acts (handing over a
bread) gain legal menaing
transfer of ownership
- Fact-to-Fact Rule
- connects facts that go together
- owns sg- competent to transfer ownership
- legal effects
- changes in law
result of application
of dynamic rule
- attached to cases based on rule
- Legal Subjects
- Legal persons
- organizations
that receive
title of legal
subjects
- duties imposed,
competence and
rights assigned to
them by rules
- Natural persons
- human being
- different areas, different consequences
- public law
- legal persons: ??
- natural persons: human rights
- private law
- rights to own property, payment, perform
juridical acts
- both
- Juridical acts
- act performed with the intention to
bring about legal effects
- contracts, last wills, etc
- mean for subjects to
change legal positions,
within limits
- Factual Acts
- mostly by administration, same
purpose but without creating a legal
effect
- eg: making parking physically impossible
- Competence
- certain
empowerment
needed for
certain juridical
acts and legal
effects
- if lacking
competence: NULL
- nullification
- taking legal effect away
- Duties and Rights
- Duties
- 1) agents under duty
2) action duty applies
to
- meant to guide people's beahvior
- everyone, some, one
- content of duty
- what (not) supposed to do
- prohibition= duty to abstain from sg
- implicit permission
- absence of prohibition
- explicit permission
- prohibition, but excptionn created
- permission: what you are allowed to do
- go against it: illegal
- competence: what is possible
to do in your power
- precondition for creating legal effects
by juridical act
- Rights
- 1) interests protected by the law
2) can be disposed of by the
holder
- Claim
- rights regarding a person
- obligation attched
- narrow sense
- counterpart of the claim
- broad sense
- obligation in narrow sense + claim
- eg: contracts
- can be transferred
- holde can waive rights, en corresponding obligation
- can only be invoked
against person bound
by the obligation
- Rights in rem
- rights regarding an object
- relationship
between
right holder
and object
of the right
- eg: ownership
- can be seen as an explicit
permission
- can be invoked
against everyone
- Liberty Rights
- eg right to self expression
- not easily withdrawn