Things you need to consider on the exam_

Contract Law

Contract Law

Contract law falls under the definition of private law where two individuals come together and agree upon an agreement, requiring acceptance from both parties, making it a bilateral agreement.

Mandatory Rules

Non-negotiable legal requirements that parties cannot alter through agreements, imposed by statute or law to protect public interest.

Default Rules

Legal principles that apply in the absence of contrary agreement by parties, can be overridden by parties, filling gaps in rights and obligations when terms are not fulfilled.

Distance Contract

A contract concluded between a trader and a consumer under an organized distance sales or service provisions scheme without physical presence, established at a physical distance from each other.

Trader and Consumer

In the EU directives, a consumer is any natural person acting outside their business, trade, or profession, while a trader is any natural or legal person acting on behalf of their business, trade, or profession.

Offer and Acceptance Model

Agreements exist when one party makes a valid offer and the other party accepts it, with parties expressing intentions to enter a legal relationship.

Right of Withdrawal

Process allowing a consumer to return a purchased good in a B2C contract, applicable to both goods and distance contracts, with mandatory rules for sellers to provide this right.

Non-Performance Remedies

Options available when a party breaches a contract, including asking for performance, claiming damages for breach, and terminating the contract.

Repair, Replacement, Termination

Remedies in cases of non-performance by a seller, where the buyer can choose between repair and replacement, with termination requiring a serious nature of non-performance.

Application of Contract Law

Ability to apply contract law rules to simple cases, identify non-performance cases, and analyze violations or compliance with contract terms.

Constitutional Law

Governs the fundamental principles and structures of government outlined in the national constitution. Its main function is to limit and control the power of the state and provide protection against the abuse of state power.

Public Law

Focuses on the authority placing regulations and laws on citizens without the need for their acceptance. It includes constitutional and administrative law.

Separation of Powers

The principle that there should be a strict separation of the legislative, executive, and judicial branches to prevent any one branch from accumulating too much power. It is supported by the checks and balances system.

Checks and Balances

A system where the organs of the legislative branches work between each other to ensure that no single branch accumulates too much power. It helps maintain a balance of power among the branches of government.

Administrative Law

Concerns the administration towards the individual and the execution of legislation through individual decisions. It focuses on how organs operate regarding constitutional principles and includes acts like prohibition, granting/authorization, and allocation of public benefits.

Specific law

Laws that are tailored to specific fields such as environmental law, tax law, migration law, and social security law, each with its own set of norms and regulations.

Administrative organs

Main bodies at national and local government levels including government, president, ministers, mayor, city council, aldermen/deputy mayors, responsible for public legal functions under both public and private law.

Attribution of competence

The granting of authority to administrative organs through legislation, including attribution of new powers and delegation of powers to other organs, with limitations through statutory, judicial, constitutional, and non-discretionary powers.

Hierarchy of norms

The order of importance of legal norms where higher norms prevail over lower ones, with the hierarchy typically following Constitution, International/EU law, Acts of Parliament, Government decrees, Ministerial decrees, Regional/provinces regulations, and Local ordinances.

General principles of administrative law

Fundamental principles guiding administrative actions including proportionality, prohibition of arbitrariness, equality, détournement de pouvoir, legal certainty, due care, and duty to motivate decisions.

Administrative enforcement

The application of rules through administrative organs with reparatory (e.g., withdrawal of permit) and punitive (e.g., administrative fines) sanctions, which can impact the balance of power between branches of government.

Court hierarchies

The organization of court systems including Supreme courts, Courts of appeal, and District courts, with divisions between civil, criminal, and administrative courts based on the types of legal disputes they handle.

Judicial review

The assessment by courts of the legality of actions by other branches of government, ensuring compliance with constitutional and treaty law, with the final decision often resting with the highest court within the jurisdiction.

Separation of powers

The division of governmental powers into legislative, executive, and judicial branches to prevent misuse of power, with judicial independence being crucial, and the concept of checks and balances ensuring branches work together within constitutional boundaries.

Monist

International law and domestic law are considered part of the uniform legal system. International law becomes part of domestic law by ratification. International treaties and agreements are directly applicable and enforceable in domestic courts.

Dualist

International law and domestic law are seen as separate legal systems. International law is not automatically part of domestic law upon ratification. International treaties and agreements do not have direct effect within a domestic legal system unless they are incorporated and transformed through domestic legislations.

Constitutional review

The process of courts examining constitutional law applied by legislators to assess if the government has complied with the laws of the constitution. It ensures government actions conform with the principles, procedures, and rights outlined in the constitution.

Abstract review

Process where courts assess the constitutionality of laws or regulations without a specific case before them. It provides advisory opinions or clarifications for legislators but is not binding as it does not resolve legal disputes.

Concrete review

Courts assess the constitutionality of laws and government actions within a specific legal case or controversy. The outcome is directly applied and enforced, resolving legal disputes.

Centralised constitutional review

Specialised constitutional court designated for executive jurisdiction of constitutional review. It interprets and applies constitutional provisions. Example:Germany.

Decentralised constitutional review

Authority for constitutional review dispersed among multiple courts within the legal system, including general jurisdiction courts. Promotes broader access to constitutional justice and judicial accountability. Example:The Netherlands, USA.