Business law TEXTBOOK (1)_230307_222120-26-43

Chapter 2: Introduction to the Science of Law

2.1 The Term 'Law'

  • Historical Perspective:

    • Law reflects the history of mankind, indicating the societal need for rules governing relations.

    • This need has increased over time, leading to extensive legal applications.

  • Everyday Application:

    • Example: John Citizen’s daily interactions involve various legal aspects including ownership (cereal), transportation (train fare), and employment (employee rights).

  • Purpose of Legal Science:

    • Study and evaluate relationships impacted by law through the classification of relevant rules.

  • Definitions:

    • Law: A system of rules applying in a community.

    • Right: A legal claim a subject holds concerning an object, protected by law.

2.1.1 The Meaning of Law

  • Mapping Legal Cosmos:

    • Comprehension of law requires establishing boundaries and features.

  • Key Divisions of Law:

    • Public Law: Rules controlling state-citizen relationships, includes:

      • International Law

      • Constitutional Law

      • Administrative Law

      • Criminal Law

      • Law of Procedure

    • Private Law: Rules governing relationships between citizens, includes:

      • Law of Persons

      • Family Law

      • Law of Personality

      • Patrimonial Law

    • Commercial Law:

      • Defined historically as rules arising from merchant customs concerning business activities.

      • Difficult to classify formally due to the nature of those rules.

2.1.2 The Meaning of Right

  • Definition of Right:

    • A subjective right is the legal entitlement of a subject regarding a specific object.

  • Legal Subjects and Objects:

    • Legal Subject: Human beings or entities recognized as participants in the legal system.

    • Legal Object: Things that can be claimed by legal subjects, such as property or rights.

2.1.2.1 Legal Subjects

  • Natural Persons:

    • Refers to humans, able to hold rights and duties from birth.

  • Juristic Persons:

    • Entities recognized by law (e.g. companies, municipalities) with rights and duties similar to natural persons but lacking physical existence.

2.2 Private Law

2.2.1 Law of Persons

  • Governs the conception, existence, and termination of natural persons as legal subjects.

  • Key concerns include the status of legal subjects, including distinctions based on minors versus adults.

2.2.2 Family Law

  • Governs marriage requirements, consequences, dissolution, and parent-child relationships.

2.2.3 Law of Personality

  • Concerns rights over physical integrity, dignity, and reputation; protects from assault and defamation.

2.2.4 Patrimonial Law

  • Relates to personal assets and liabilities, focusing on financial rights and duties.

  • Law of Property: Manages how individuals interact with property through ownership rights.

2.2.4.1 Ownership and Possession

  • Distinction: Ownership involves legal title, while possession involves physical control.

  • Rights of Ownership: Owners have comprehensive rights but are restricted by community interests and legal norms.

  • Acquisition of Ownership: Methods of acquiring ownership include:

    • Occupation: Seizing unowned property.

    • Prescription: Long-term possession.

    • Transfer: Delivery for movable property; registration for immovable property.

2.2.4.1.1 Protection of Ownership

  • Ownership protected by legal remedies allowing recovery from wrongful possession.

  • Mandament van Spolie: Restores possession irrespective of ownership claims.

2.2.4.1.2 Servitudes

  • Praedial Servitudes: Rights that allow a property owner to exercise specific powers over another's land.

  • Personal Servitudes: Usufruct is a common example, allowing usage but not transferability.

2.2.4.1.3 Mortgage and Pledge

  • Secures debts against property through registration (for immovable) or transfer (for movable).

2.2.4.2 The Law of Succession

  • Concerns the distribution of a deceased estate; executors manage debts and assets.

2.2.4.3 The Law of Intellectual Property

  • Protects creations and inventions, ensuring rights are granted to creators.

2.2.4.4 The Law of Obligations

  • Establishes legal relationships through contracts, delicts, and unjustified enrichment.

2.2.4.4.1 Delict Law

  • Governs situations where damage is caused unlawfully, establishing requirements for liability.

    • Elements of a delict include act, unlawfulness, fault, causation, and damage.

2.2.4.4.2 Remedies and Unjustified Enrichment

  • Issues regarding inequitable enrichment lead to claims for restitution or compensation.