Section 1

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Public decency rules

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Last updated

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Date created

Mar 1, 2020

Cards (178)

Section 1

(50 cards)

Public decency rules

Front

A vague concept: set of unwritten rules defining morality of a civil society

Back

Legal person

Front

Working together of people that is treated as if it is in itself a person

Back

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

Back

Law

Front

• Enforceable • Rules of conduct • Imposed by the public authority • Structuring civil society

Back

Common law

Front

very few codified legislation (historically): customary law is important, opinion of higher judges is binding

Back

Legislation sensu lato

Front

binding texts that aren't made by a parliamentary body eg. International treaties, consitution

Back

Actual capacity

Front

a person's actual ability to do or undertake something

Back

Sources of law

Front

- Legislation sensu lato sensu stricto - Jurisprudence (case law) - Legal doctrine - Customary law

Back

First name and surname

Front

Aims at distinguishing one person from the other

Back

legal personality

Front

something a legal person has It starts with birth and ends with death

Back

public decency rules

Front

Rules imposing behaviour or appearance that avoids impropriety or immodesty

Back

Legal principles

Front

Principles we find that important in the the organisation of society that we are going to use them.

Back

Surname

Front

not chosen but passed or given to children from one or both of their parents' family names

Back

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.

Back

Domicile

Front

Status or attribution of being a permanent resident in a particular jurisdiction

Back

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

Back

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

Back

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.

Back

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.

Back

Transsexuals

Front

a person identifies with a gender inconsistent or not culturally associated with their assigned sex.

Back

Nationality

Front

Status of belonging to a particular nation, whether by birth or by neutralization

Back

Habitual resident

Front

place where he has his home, in the sense that he usually lives there

Back

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

Back

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

Back

First name

Front

freely chosen provided it is not confusing and not harmful for the child nor for third parties

Back

Default rules of Law

Front

Rules of law that can be overridden by a legally effective agreement ("gapfiller")

Back

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

Back

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.

Back

Private international law

Front

branch of law which resolves cases which have an element of conflicting foreign law

Back

Police court

Front

single-judge court which is competent to hear cases of smaller crimes and cases related to traffic

Back

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

Back

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

Back

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)

Back

Court of Appeal

Front

Looks at both the law and the facts

Back

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.

Back

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

Back

Labour court

Front

Appeal court for cases tried by the labour tribunals. Mixed composition: professional judges + lay judges

Back

Statelessness

Front

someone who is not considered as a national by any state under the operation of its law

Back

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,...)

Back

Public prosecutor's office

Front

standing branch of the judiciary, linked to the courts and tribunals (except justice of the peace)

Back

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

Back

A person?

Front

A living human being + corporate entity

Back

Private law

Front

Law which governs the relationships between individual parties rather than between individuals and the State

Back

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'

Back

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.

Back

Legislation sensu stricto

Front

Legislation that is in general made by a legislated parlemantary body Eg. Act, decree, ordinance

Back

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.

Back

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.

Back

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

Back

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'.

Back

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

Back

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

Back

Intestate

Front

when a person dies without a will

Back

personal servitude

Front

servitude attaching to a person

Back

usufruct

Front

= a limited property right found in civil law and mixed jurisdictions that unites the two property interests of usus and fructus

Back

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

Back

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.

Back

Personal right

Front

generally only binding between two or more specific parties

Back

Obligation

Front

a legal bond (vinculum iuris) by which one or more parties are bound to act or refrain from acting

Back

Emancipated minor

Front

Legal institution in which a minor finds himself or herself in a transitional fase from minority to majority.

Back

community of property

Front

everything after marriage is common

Back

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

Back

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

Back

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

Back

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

Back

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

Back

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

Back

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

Back

priority right

Front

= a special property right that comes into existence by operation of law accessory to an existing claim

Back

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

Back

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

Back

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

Back

Natural obligations

Front

imply moral duties but are unenforceable unless the obligor consents

Back

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

Back

ownership

Front

= being in control over a good may be private, collective or common

Back

un-emancipated minor

Front

Entirely and generally incapacitated to act. Person has to be represented by parents or legal guardian

Back

Hypothec

Front

= a property security right in respect of an immovable object.

Back

Contractual succession

Front

= when succession is attributed by virtue of a deed of gift which takes effect after the death of the donor

Back

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

Back

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

Back

Universal community of property

Front

own estates become common

Back

civil obligations

Front

enforceable by action in a court of law

Back

Capacity to act

Front

Capacity to perform acts with legal effects

Back

Co-ownership

Front

when the ownership is collective or common

Back

Testate

Front

a person who dies leaving a valid will

Back

Family

Front

A.... is formed by blood descent and kinship

Back

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

Back

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

Back

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

Back

real servitude

Front

servitude attaching to a property

Back

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

Back

Marriage

Front

The legal union of a couple as spouses

Back

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

Back

Lineal descent

Front

person who is a blood relative in the direct line of descent

Back

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)

Back

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

Back

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

Back

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")

Back

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

Back

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

Back

written evidence

Front

can be submitted either by authentic instrument or by private instrument, must be drawn up

Back

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

Back

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

Back

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

Back

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

Back

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

Back

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

Back

Duress

Front

relates to where a person enters an agreement as a result of threats

Back

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

Back

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

Back

Stipulation for the benefit of a third party

Front

Party A makes party B engage to perform to the benefit of third party C

Back

Direct action

Front

An action of the obligee against the obligor of his own obligor

Back

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

Back

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

Back

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

Back

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

Back

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

Back