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12 Cards in this Set
- Front
- Back
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Mandatory rules |
Cannot be set aside by parties |
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Dafault rules |
Can be set aside by parties upon agreement |
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Patrimonial rights |
Are assigned (ex property) |
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Non-patrimonial rights |
Not assigned, submitted through mandatory rules (ex. Right to life) |
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Relative rights-in personam |
Their enforcement is to one specific person. Atypical. -CREDIT: creditor: entitled to claim a performance from the debtor. dare, facere, non facere. -POWER RIGHT: |
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Absolute rights- in rem |
Related to the relationship between right-holder and good. Enforceable against everybody (ex property and ownership). These rights are attached to the gods they refer to. Ex of usufruct |
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Legal norms |
Laid down by a legitimate power, they are binding towards everyone. a. STATE OF AFFAIRS b. LEGAL EFFECT -> if...then relationship. Different from legal principles, which must be balanced, ex: protection of life, dignity, equality. |
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State of affairs |
Situation to which a legal rule attaches a legal consequence. Pandettist classification: 1. Autonomous legal acts 2. Heteronomous legal acts 3. Material facts |
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Autonomous legal acts |
Negozio giuridico. Declaration of will through language intended to create a legal effect and duty of the author(s). |
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Heteronomous legal acts |
The subject can decide to do an action or not but has to accept the legal consequences. Ex: trespassing, punishment |
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Material facts |
A consequence is given independently from any will of the person. Ex: birth and death |
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Autonomous legal act components |
1. How many people are involved: unilateral, bilateral, multilateral. 2. Possibility to economically evaluate the interest: patrimonial-non patrimonial 3. Interest of living or dead parties |
