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Business civil law 1
LEGAL SYSTEM, BASIC LEGAL TERMS
| Term | Definition |
|---|---|
| Custom | during a longer period the members of the society solve the same problems (conflicts) on the same way |
| Rule | sample of a behaviour, and in case of breech, it becomes a sanction |
| Legal rule (norm, law, act) | a social rule, which can be forced by the state |
| Forcing the legal rule | the application of the sanction is obligatory, and the state has the specific organs to perform it |
| types of legal rules (normativity) | Obligatory Forbidden Permissibele |
| Obligatory rule | if somebody does NOT act like the sample in the rule, becomes sanction |
| Forbidden rule | if somebody acts like the sample in the rule, becomes sanction |
| Permissible rule | if somebody does NOT act like the sample in the rule, becomes NO sanction |
| Content and function of law | -Rationality - Moral -Individual freedom -Economic power -Religion |
| Rationality | the law is the product of the society, and its function is to restore the rational relation among the people |
| Moral (Ethics) | the moral rules, which are generally obligatory for the members of the society, are the minimum of the legal rules |
| Individual freedom | |
| Economic power | the law is the will of the economic governing classes |
| Religion | lots of secular rules come from the religious rules, which became custom in the recent countries |
| Categories of rules in the legal system | Public law Private law |
| Public law | relation between state and citizen the state is dominant to citizen the citizen is NOT able to influence the content of the legal relations |
| Private law | relation between citizens / state and citizen state and citizen are equal the citizen is able to influence the content of the legal relations |
| Sources of law (in the continental legal system) | Formal (primary) source Non formal (secondary) source |
| Formal source | predicted written law: acts, decrees, orders etc. complete, coherent, evident hierarchy among the types of rules: the rule placed under can not be opposite to the rules placed above |
| Non-formal source | unable to predict in writing: equity, rationality, generally contemplated behavior.. help to interpret the written law in case of lack, collision or unintelligible text applicable only if a court can rely on it passing a judgement/verdict/sentence |
| Legislation | decision in specified form of the entitled organs of the state which classify behaviours obligatory, forbidden or permissible, and which are publicated in the given official journal |
| Jurisdiction | enforcing the legal rules in the society finding the applicable legal rule (sample of behaviour) for the real situation (actual behaviour) |
| Legal relation | legally regulated social relation |
| relationship between legal and social relations | selective: law regulates only the most important elements of the social relation (legal rules come after the social relation); constitutive: the law (state) creates a new social relation making unprecedented legal rules |
| elements of legal relations | subject: person who is capable to own specified rights and obligations in the given legal relation object: the behaviour in the legal relation, and the matter involved with the behaviour Content: the rights and obligations in relation to the subject |
Created by:
azaya
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