Mindmap
Basic Concepts of Law
Inhalt der Mindmap
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
- government as such plays no role
- 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
- criminal law
- government as such plays a role
- 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
- Private 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
- case's facts that satisfy the contitions of the rule
- Dynamic Rules
- rules that lead to new facts
- eg: commit crime, punishable from then on
- rules that lead to new facts
- 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
- connects facts that go together
- legal effects
- changes in law result of application of dynamic rule
- attached to cases based on rule
- prescribe behavior +
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
- rights to own property, payment, perform juridical acts
- public law
- Legal persons
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
- mostly by administration, same purpose but without creating a legal effect
- 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
- Duties
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
- narrow sense
- 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