A vague concept: set of unwritten rules defining morality of a civil society
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Legal person
Front
Working together of people that is treated as if it is in itself a person
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commercial law
Front
body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales
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Law
Front
• Enforceable
• Rules of conduct
• Imposed by the public authority
• Structuring civil society
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Common law
Front
very few codified legislation (historically): customary law is important, opinion of higher judges is binding
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Legislation sensu lato
Front
binding texts that aren't made by a parliamentary body
eg. International treaties, consitution
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Actual capacity
Front
a person's actual ability to do or undertake something
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Sources of law
Front
- Legislation sensu lato sensu stricto
- Jurisprudence (case law)
- Legal doctrine
- Customary law
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First name and surname
Front
Aims at distinguishing one person from the other
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legal personality
Front
something a legal person has
It starts with birth and ends with death
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public decency rules
Front
Rules imposing behaviour or appearance that avoids impropriety or immodesty
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Legal principles
Front
Principles we find that important in the the organisation of society that we are going to use them.
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Surname
Front
not chosen but passed or given to children from one or both of their parents' family names
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Mandatory rules of law
Front
Rules that are always applied, even in situations where parties have decided otherwise. Laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations.
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Domicile
Front
Status or attribution of being a permanent resident in a particular jurisdiction
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Jurisprudence (case law)
Front
Interpretation and application of a general rule of law by a judge or a court of law on an individual situation.
In continental European law: no precedent or authority, only binding for litigating parties
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Intersex
Front
a variation in sex characteristics incl. chromosomes, gonads, or genitals that do not allow an individual to be distinctly identified as male or female
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constitutional court
Front
originally created to rule on different conflicts of competence between the federal and the regional authorities. It rules on the conformity of legislation with specific provisions in the constitution and it's competent to annul legislation which breaches the constitution.
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Public policy rules
Front
Body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time.
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Transsexuals
Front
a person identifies with a gender inconsistent or not culturally associated with their assigned sex.
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Nationality
Front
Status of belonging to a particular nation, whether by birth or by neutralization
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Habitual resident
Front
place where he has his home, in the sense that he usually lives there
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Legal capacity
Front
a person's capability and power under law to engage in a particular undertaking or transaction or to maintain a particular status or relationship with another
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Nationality law
Front
defines the rights and obligations of citizenship within the jurisdiction and the manner in which citizenship is acquired as well as how citizenship may be lost
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First name
Front
freely chosen provided it is not confusing and not harmful for the child nor for third parties
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Default rules of Law
Front
Rules of law that can be overridden by a legally effective agreement ("gapfiller")
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Status of a person
Front
The whole set of qualities determining the legal position of a person in civil society and in his family. It is a public policy rule.
Elements are: name, sex, domicile, nationality, marital status
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Legal doctrine
Front
The systematic, analytically evaluative exposition of the substance of private law, criminal law, public law, etc. It picks up questions from legal practice and discusses them in a more general and profound manner.
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Private international law
Front
branch of law which resolves cases which have an element of conflicting foreign law
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Police court
Front
single-judge court which is competent to hear cases of smaller crimes and cases related to traffic
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Court of cassation
Front
It doesn't deal with the substance of cases but examines whether the decisions referred to it contravene the law or the rules of procedure. Appeal to this court is only possible against judgements against which no ordinary appeal is possible anymore
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Public law
Front
Law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society
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Mandatory protective rules
Front
Rules that purport to apply with the aim to protect the economic weaker party to a contract.
(Once a conflict has arisen, the parties to a contract may deviate from such mandatory rules by a separate agreement)
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Court of Appeal
Front
Looks at both the law and the facts
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First instance court
Front
divided into sections (criminal court, civil court, family and youth court), each section is divided into chambers, it's organised on district level. Appellate court for cases exceeding €2500, tried by the justice of the peace or police court.
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Multiple nationality
Front
A person's citizenship status, in which a person is concurrently regarded as a citizen of more than one state under the laws of those states
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Labour court
Front
Appeal court for cases tried by the labour tribunals.
Mixed composition: professional judges + lay judges
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Statelessness
Front
someone who is not considered as a national by any state under the operation of its law
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Justice of the Peace
Front
single-judge court which is competent to hear cases in which the amount at state does not exceed 2500, or other specific types of cases (renting, servitude,...)
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Public prosecutor's office
Front
standing branch of the judiciary, linked to the courts and tribunals (except justice of the peace)
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Council of state
Front
administrative section is the highest administrative court, legislative section gives motivates opinions on draft laws, decrees and orders and proposes amendments to these drafts
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A person?
Front
A living human being + corporate entity
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Private law
Front
Law which governs the relationships between individual parties rather than between individuals and the State
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Customary law?
Front
It is intrinsic to the life and custom of indigenous peoples and local communities.
Rules of law that are based on the principle 'this is how we do things around here'
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Labour tribunal
Front
specialised tribunal organised on district level, hears cases related to labour law and social security law, hears cases related to collective debts settlement of private persons.
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Legislation sensu stricto
Front
Legislation that is in general made by a legislated parlemantary body
Eg. Act, decree, ordinance
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District court
Front
composed of presidents of the first instance court, the commercial court and the labour tribunal. It rules on competence issues and refers a case to the competent court.
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Commercial court
Front
mixed composition (professional + lay judges), hears disputes between businesses, commercial and corporate cases, and bankruptcy and insolvency cases. It's organised on district level.
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civil law
Front
= continental European law
body of law derived and evolved directly from Roman Law, the primary feature of which is that laws are struck in writing, codified, and not determined, as in the Common Law, by the opinions of judges based on historic customs
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Assize court
Front
non permanent court with mixed composition (professional judges + jury). It tries criminal cases, political cases and crimes committed by way of the 'printing press'.
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Section 2
(50 cards)
Pure and simple acceptance of the inheritance
Front
the heir's assets and those of the deceased become one and the same. The heir is obliged to pay the debts of the deceased, even if they exceed the extent of the estate
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property right
Front
has effect against third parties by its nature
Back
rejection of the inheritance
Front
he/she will inherit neither the assets, nor the debts of the deceased
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Intestate
Front
when a person dies without a will
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personal servitude
Front
servitude attaching to a person
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usufruct
Front
= a limited property right found in civil law and mixed jurisdictions that unites the two property interests of usus and fructus
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Pledge
Front
= In order to secure the performance of an obligation, possession of a movable object or of a chattel can be transferred to another party. That other party will hold possession of the object until the party performs the obligation. If the obligation is not performed, the other party has the right to take the object and sell it
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The public or authentic will
Front
a will which is received by a notary in the presence of two witnesses or which is received by two notaries.
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Personal right
Front
generally only binding between two or more specific parties
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Obligation
Front
a legal bond (vinculum iuris) by which one or more parties are bound to act or refrain from acting
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Emancipated minor
Front
Legal institution in which a minor finds himself or herself in a transitional fase from minority to majority.
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community of property
Front
everything after marriage is common
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matrimonial regimes
Front
In the civil law countries, under the system of community property, the marriage is deemed to create a common fund which embraces wealth and property of each spouse. From the moment of marriage each spouse has a joint interest in the fund
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servitude
Front
= a charge on an immovable object for the use and utility of an immovable object of another owner
= a qualified beneficial interest severed or fragmented from the ownership of an inferior property and attached to a superior property or to some person other than the owner
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right of habitation
Front
= a specific right for a person to live in a house, to use a home, or to use a part of a house with their family
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Registered partnerships (civil partnerships)
Front
allows 2 people who live together as a couple to register their relationship with the relevant public authority in their country of residence
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Community of property under Islamic law
Front
Muslim marriages are deemed to be marriages out of community of property, excluding the accrual system. The estate is thus considered to be one in which separate assets are mixed, but are not merged into one estate
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Law of obligations
Front
= a branch of private law under the civil law legal system. It is the body of rules that organizes and regulates the rights and duties arising between individuals
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superficies
Front
= a right to have ownership of an immovable object on someone else's land. it allows a deviation from the rule according to which the person who own the land owns any immovable object on that land, thus separating the ownership of the land from the ownership of the constructions or plants above or below it
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priority right
Front
= a special property right that comes into existence by operation of law accessory to an existing claim
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non-possessory pledge
Front
is created by means of a pledge agreement between the pledgor and the pledgee does not have to be transferred out of the control of the pledgor
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The international will
Front
Established by the Washington Convention of 26 October 1973, it is a will that is presented to the notary in the presence of two witnesses. The will is signed by the testator, the notary and the two witnesses. It is attached to an attestation by the notary who will be responsible for keeping it. This option is advisable when there is a foreign element associated with either the testator, the heirs or the assets in question
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Right of emphyteusis (land lease)
Front
Usually a long-term (often 99 years) lease of land for erecting buildings or making land improvements. At the end of lease, the land and all structures and enhancements revert to the owner of the land
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Natural obligations
Front
imply moral duties but are unenforceable unless the obligor consents
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Limited community of property
Front
Each spouse has his own estate, even things earned in the marriage will be own goods. Each spouse will need to make a contribution to the household in a common fund
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ownership
Front
= being in control over a good
may be private, collective or common
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un-emancipated minor
Front
Entirely and generally incapacitated to act. Person has to be represented by parents or legal guardian
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Hypothec
Front
= a property security right in respect of an immovable object.
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Contractual succession
Front
= when succession is attributed by virtue of a deed of gift which takes effect after the death of the donor
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right of use
Front
does not include a right to take the fruits the object produces, except for those fruits that the right-holder and his family need
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acceptance of the inheritance under beneficium inventarii
Front
the estate of the deceased will remain separate from that of the heir. The heir will then only pay debts up to the total value of the inherited assets
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Universal community of property
Front
own estates become common
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civil obligations
Front
enforceable by action in a court of law
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Capacity to act
Front
Capacity to perform acts with legal effects
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Co-ownership
Front
when the ownership is collective or common
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Testate
Front
a person who dies leaving a valid will
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Family
Front
A.... is formed by blood descent and kinship
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Appointment of heirs
Front
a succession based on a will occurs when the deceased has decided, by means of a will, to assign all or part of his estate
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obligee
Front
= a person who is to receive the benefit of someone else's obligation
Back
possessory pledge
Front
a debtor must deliver the possession of the pledged asset(s) to the secured creditor or a third party pledgeholder
Back
Right of possession
Front
= someone currently holds something in hand and this person may be the temporary keeper or the long-term owner of an object. it is the control a person intentionally exercises towards a thing
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usus
Front
= right to use or enjoy a thing possessed, directly without altering it
Back
Collateral descent
Front
person who is a blood relative in the indirect line
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real servitude
Front
servitude attaching to a property
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fructus
Front
= right to derive profit from a thing possessed
Back
obligor
Front
= a person who is contractually or legally, committed or obliged, to provide something to another person
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Marriage
Front
The legal union of a couple as spouses
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Donations inter vivos
Front
one party (donor) transfers by gratuitous title property in ownership or a property right (claim) to another party (donee) or relieves the donee of a property duty to himself or to a third person
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Lineal descent
Front
person who is a blood relative in the direct line of descent
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The holograph will
Front
a will which is entirely written by the testator by hand, signed and dated. No other stipulations apply. The testator may file a ...will with a notary (but it's not mandatory)
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Section 3
(50 cards)
solidary right
Front
= when any of the creditors may require full performance from the debtor and the debtor may perform to any of the creditors
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contract
Front
= an agreement between two or more persons which obliges each party to do or not to do a certain thing. The agreement creates obligations enforceable by law
Back
authentic instrument
Front
an instrument that has been executed in the statutory form by a competent public officer and is considered by the parties and by third parties to be conclusive evidence of the agreement contained therein
Back
joint obligation
Front
= when the debtors are bound to perform the obligation together and the creditor may require performance only from all of them together
Back
contract for consideration
Front
A ... benefits both parties to the contract. All synallagmatic contracts are formed as this kind of contract
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resolutive condition
Front
The terms regulating a right, obligation or contractual relationship may provide that it is conditional upon the occurrence of an uncertain future event, so that it ends if the event occurs
Back
Freedom of contract
Front
= you can choose with whom to enter into the contract
= choose the content of the contract as well as the form.
Back
Solemn contract
Front
A contract that requires a special form or method of formation (creation) in order to be enforceable
Back
interpretation of the contract (civil law)
Front
ascertain the true intention rather than adhering to the literal meaning of declaration ("Will theory")
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Novation
Front
The act of either:
- replacing an obligation to perform with a new obligation; or
- adding an obligation to perform; or
- replacing a party to an agreement with a new party
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Cause
Front
= the concrete and decisive motives and objectives of the parties to enter into a contract. The motives and objectives become legally relevant, if they are known - or ought to have been known - and accepted - albeit implicitly - by the other party
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written evidence
Front
can be submitted either by authentic instrument or by private instrument, must be drawn up
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consensualism
Front
The contract is concluded by the agreement of the parties without any further requirement. Contracts are formed by the manifestation of intention by way of offer and acceptance
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Exceptio non Adimpleti contractus
Front
an exception in a contract action involving mutual duties or obligations, to the effect that the plaintiff may not sue if the plaintiffs own obligations have not been performed
Back
divided obligation
Front
= when each debtor is bound to perform only part of the obligation and the creditor may claim for each debtor only performance of that debtor's part
Back
actori incumbit probatio
Front
proof has to be given by the person who invokes the fact
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Mistake
Front
an erroneous assumption which led one party to enter into a contract. Like all defects of consent, it must be made at the time the contract was concluded.
Back
plurality of creditors
Front
implies that two or more creditors have a right to performance under one obligation
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Divided right
Front
= when each creditor may require performance only of that creditor's share and the debtor owes each creditor only that creditor's share
Back
Fraud
Front
can affect the contract only if it is exerted by the contracting party, it is an untrue assertion made with knowledge of falsity and intent to deceive.
Back
suspensive condition
Front
The terms regulating a right, obligation or contractual relationship may provide that it is conditional upon the occurrence of an uncertain future event, so that it takes effect only if the event occurs
Back
Synallagmatic contract
Front
A contract in the civil law where reciprocal obligation exists; each party to the contract is bound to provide something to the other party
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private instrument
Front
which has been signed by all the parties in question and has been drawn up in as many copies as there are parties, is considered by the parties to be conclusive evidence.
Back
solidary obligation
Front
= when each debtor is bound to perform the obligation in full and the creditor may require performance from any of them until full performance has been received
Back
relativity of contract
Front
The contract shall not harm the interests of third parties and may benefit them only in specific circumstances under European continental civil law
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Legal capacity to contract
Front
The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as entering into contracts
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Duress
Front
relates to where a person enters an agreement as a result of threats
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Right of retention
Front
the right which the possessor of a movable has, of holding the same until he shall be satisfied for his claim either against such movable or the owner of it
Back
Merger of debts
Front
The attributes of debtor and creditor are united in the same person in the same capacity
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Alternative obligations or methods of performance
Front
Where a debtor is bound to perform one of two or more obligations, or to perform an obligation in one of two or more ways, the choice belongs to the debtor, unless the terms regulating the obligations or obligation provide otherwise
Back
Set-off
Front
The process by which a person may use a right to performance held against another person to extinguish in whole or in part an obligation owed to that person
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Stipulation for the benefit of a third party
Front
Party A makes party B engage to perform to the benefit of third party C
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Direct action
Front
An action of the obligee against the obligor of his own obligor
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Payment
Front
The performance of a duty, promise, or obligation, or discharge of a debt or liability, by the delivery of money or other value
Back
interpretation of the contract (common law)
Front
When ... an act under the law, it shall not so much be a question of what the parties wanted but of what they declared
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Joint right
Front
= when any creditor may require performance only for the benefit of all the creditors and the debtor must perform to all the creditors
Back
Simple contract
Front
A contract, the evidence of which is merely oral, or in writing, not under seal, nor of record and without special formalities having to be observed
Back
Genuineness of consent
Front
For a contract to be valid, all contracting parties have to agree on the same matter. All European legal systems acknowledge that consent may be defective. Defects of consent concern the formation of contracts.
A causal relationship between the defect of consent and entering into the contract is required
Back
object of the contract (consideration)
Front
= the subject matter of obligations created by the contract.
Back
Concept of "porte-fort"
Front
undertaking by the agent constituting a promise that the principal (i.e. third party) will ratify the act
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Contract as a gift
Front
A contract by means of which property is transferred or a performance is promised by the obligor with nothing given in return by the obligee
Back
Extinctive prescription
Front
= the legal effect whereby the lapse of a prescribed period of time entitles the debtor to refuse performance
Back
unilateral contract
Front
A ..... is one in which only one party is bound by obligations under the contract
Back
Debt forgiveness
Front
The full or partial cancellation of a debt by a creditor
Back
plurality of debtors
Front
implies that two or more debtors are bound to perform one obligation
Back
Evidence of contract
Front
general means of proof
- written evidence
- testimony by witnesses / expert witnesses
- presumptions
- confessions by parties
- oaths
Back
potestative condition
Front
A condition or term of a legal agreement that is completely within the power and control of one of the parties and that makes the agreement unenforceable for lack of mutuality of obligation
Back
Culpa in contrahendo
Front
= praetorian doctrine, negotiatiors have to act as reasonable persons in the precontractual stage. If they act negligently, they are liable on the grounds of tort law (tortious liability). Information provided during negotiations must be correct. Unlawful termination of negotiations implies tortious liability
Back
Binding force of contract
Front
the parties are bound to perform all the obligations that arise from it, whether they have been expressly laid down or not.
Back
Time-limited rights and obligations
Front
The terms regulating a right, obligation or contractual relationship may provide that it is to take effect from (suspensive condition) or end at a specified time (condition subsequent), after a specified period of time or on the occurrence of an event which is certain to occur
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Section 4
(28 cards)
Solutio indebiti
Front
When someone has carried out a performance to another person, while afterwards it becomes clear that he wasn't legally compelled to do so, he may demand its restitution from the recipient or, if that's no longer possible, the payment of an equal compensation in money
Back
quasi delicts
Front
a negligent act or omission which causes harm or damage to the person or property of another, and thus exposes a person to civil liability in civil law jurisdictions, as if the act or omission was intentional
Back
A person causes legally relevant damage negligently
Front
when someone does not meet the particular standard of care provided by a statutory provision whose purpose is the protection of the person suffering the damage from that change or does not otherwise amount to such care as could be expected from a reasonably careful person in the circumstances of the case
Back
extrajudicial confession
Front
declaration made outside courts, and is not subject to any procedural requirements
Back
Accountability for damage caused by the unsafe state of an immovable
Front
A person who independently exercises control over an immovable is accountable for the causation of personal injury and consequential loss, loss suffered by third persons as a result of another's personal injury or death, and loss resulting from property damage (other than to the immovable itself) by a state of the immovable which does not ensure such safety as a person in or near the immovable is entitled to expect having regard to the circumstances including
Back
Internal recourse
Front
Unless the security providers have otherwise agreed, as between themselves each security provider is liable in the same proportion that the maximum risk assumed by that security provider bore to the total of the maximum risks assumed by all the security providers
Back
Unjustified enrichment
Front
A person who obtains an .... which is attributable to another's disadvantage is obliged to that other to reverse it
Back
Legally relevant damage
Front
loss, whether economic or non-economic, or injury is ... if
- the loss or injury results from a violation of a right conferred by the law
- the loss or injury results from a violation of an interest worthy of legal protection
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Accountability for damage caused by children or supervised persons
Front
Parents or other persons obliged by law to provide parental care for a person under age are accountable for the causation of legally relevant damage where that person under age caused the damage by conduct that would constitute intentional or negligent conduct if it were the conduct of an adult
Back
"named" contracts
Front
kinds:
- Contract of sale
- Rent
- General mandate (agency)
- (Independent) contracting
- Transaction (settlement by compromise)
- Loan
- Personal security (bond / surety)
Back
prima facie
Front
where it was impossible to draw up written evidence, testimony of witnesses is accepted, it is the beginning of evidence
Back
Loan contract
Front
a contract by which one party, the lender, is obliged to provide the other party, the borrower, with credit of any amount for a definite or indefinite period , in the form of a monetary loan or of an overdraft facility and by which the borrower is obliged to repay the money obtained under the credit, whether or not the borrower is obliged to pay interest or any other kind of remuneration the parties have agreed upon
Back
quasi contract
Front
a contract implied and imposed by law resulting from certain actions of a person
Back
Contract of sale
Front
= a contract under which one party, the seller, undertakes to another party, the buyer, to transfer the ownership of the goods to the buyer, or to a third person, either immediately on conclusion of the contract or at some future time, and the buyer undertakes to pay the price
Back
Accountability for damage caused by animals
Front
A keeper of an animal is accountable for the causation by the animal of personal injury and consequential loss, loss suffered by third persons as a result of another's personal injury or death, and loss resulting from property damage
Back
Accountability for damage caused by defective products
Front
European legislation protects consumers against damage caused by defective products
Injured persons can therefore seek compensation with regard to products put into circulation in the internal EU market
Back
A person causes legally relevant damage intentionally
Front
when someone was meaning to cause damage either of the type caused or of another type; or (in some legal systems but not under Belgian law) by conduct which that person means to do, knowing that such damage, or damage of that type, will or will almost certainly be caused (wilful misconduct)
Back
accountability
Front
A person is accountable for legally relevant damages caused either by: an intentional act or a negligent act
Back
Causation
Front
= the "causal relationship between conduct and result". It provides a means of connecting conduct with a resulting effect
Back
recourse against debtor
Front
Any security provider who has satisfied a right of recourse of another security provider is subrogated to this extent to the other security provider's rights against the debtor
Back
presumptions
Front
are conclusions that the law or the court makes on the basis of a known fact in order to determine an unknown fact. They cannot compromise the content of written instruments, but can supplement prima facie written evidence and replace written evidence that could not be drawn up.
Back
decisive oath
Front
the oath only constitutes evidence in favour of or against the person who required the oath to be sworn.
Back
Negotiorum gestio
Front
A person, the intervener, acts with the predominant intention of benefiting another, the principal, and:
(a) the intervener has a reasonable ground for acting; or
(b) the principal approves the act without such undue delay as would adversely affect the intervener
During the intervention, the intervener must act with reasonable care
Back
dependent personal security
Front
an obligation by a security provider which is assumed in favour of a creditor in order to secure a right to performance of a present or future obligation of the debtor owed to the creditor and performance of which is due only if, and to the extent that, performance of the latter obligation is due
Back
Legal presumption
Front
The law attaches specific consequences to known facts
- Refutable presumption
- Irrefutable presumption
Back
independent personal security
Front
an obligation by a security provider which is assumed in favour of a creditor for the purposes of security and which is expressly or impliedly declared not to depend upon another person's obligation owed to the creditor
Back
Mandate contract
Front
a contract under which one of the parties, ('the agent') has engaged himself towards the other party ('the principal') to perform one or more juridical acts for account of the latter (the principal). It may engage the agent to perform juridical acts in his own name; it may also engage him to perform juridical acts in the name of the principle
Back
Judicial confession
Front
declaration made before the courts by a party or by its specific authorised representative which can be relied on against the person making it