Bussiness Law

Business Law

Introduction

Origin of Law:

Roman→French→Dutch

Norman→English

Séperation es pouvoirs

Trisas politica (Separation of powers)

• Judiciary
• Legislature
• Executive

Legal Systems

• Civil law (Italy, Spain)
• Common Law (Australia, England, New-Sealand)
• Relegion Law (Jewish→Israel, Sharia)

Sources of law

Where can you find law?

• Books of law (National, Codified)
• Treaties and conventions (International)
• Jurisprudence (Precedents) ← Law made by judges (case law)
• Customary law → When you wanted to buy a cow, you shake hands. If you don’t shake, its no deal.

In common law countries is case law more used than codified law

Religion law use, like Islam countries, the Koran in modern interpretations.

Distinctions

Main fields and types of law:

• National and international
• Private law and public law

Public law is government involved

Natural persons → People

Legal persons → Companies

Basic Principles

Good Faith (Bona Fides) – Bad faith (mala fides)

Article 1759 (LSA-CC) Good Faith

• We have to apply good faith
• Know or reasonably supposed to know
• (Junky sells a bike for €25,-)

1. Junky[pic 1]
2. Stolen?                        Good Faith?
3. €25,- (to cheap)

Good faith is always 3years for movable things and 20 years for immovable things.

Good faith stays always good faith, but bad faith can be changed to good faith.

Reasonable and Fairness (Search in powerpoint)

Parties that enter a legal relation should act reasonably and fairly towards each other.

Terminology

• Legal act
• Juridical act (intended right or oblications)
• Factual act (Unintended right by human act)
• Relative right
• Copehensive right (Only effected by a legal relation between two people or more)
• Contract (written agreement)

Verbal + oral agreements are legally the same of status.

Verbal agreements are only hard to prove in court.

Multilateral – Unilateral (Search in Powerpoint)

Power of Atturney (Search in Powerpoint)

Property Law (PPP2)

Property

Comprised of:

• All things
• Patrimonial rights (copyrights, patent, trade market)

Things are Corporeal (Tangible)

Patrimonial rights Incorporeal (Intangible)

Corporeal

• Movable (personal) → All that is not immovable
• Immovable (real) → House, land

Terminology

• Personal property is all the property that is left once real property* has been subtracted
• Chattels are items of property other than freehold land, there are two types: chattels real and chattels personal
• Chattels personal are either choses in possession or choses in action
• Choses in possession are corporeal movable things (in commercial transactions often referred to as goods)
• Choses in action are incorporeal property

Person can:

1. Own property (ownership)
2. Possess property (possesion)
3. Hold property (Detention)→ Holder/detentor

Patrimonial Rights

Rights that:

1. Are transferable (separate or together with another right)
2. Are intended to produce a tangible benefit
3. Have been acquired in exchange for actual or expected tangible benefit

Ownership

Characteristics of ownership:

• Ownership of parts/components
• Droit de suite
• Droit de préférence
• Owner can do what he wants with the product

Droit de suite

Regardless of any actual or constructive control, the ownership rights that rest on a thing remain intact → The right of ownership follows the thing(product)

Droit de preference

The owner has priority in case of bankruptcy of a third party

The owner can separate his property from the bankrupt estate of another.

Rights of the Owner

• Right to enjoy
• Right to use the fruits (outcome and benefits of the product)
• Right to pursue Legal actions
• Rei vindicatio
• Right to esablish limited rights (encumbrances)
• Right to transfer

There are numerous limitations 

1. Rights accorded to others

1. Limited rights (usufruct, pledge etc.)
2. Personal rights (rent)

1. Laws

1. Formal laws
2. Laws of lower legislators

1. Rules of unwritten law

1. Rules of unwritten public law
2. Rules of unwritten private law

Multiple ownership

1. Normal co-ownership (for example in case of inheritance)

• Unforeseen
• Unorganised
• You can – in principle – do whatever you want within the limits of your share  

1. Forced or mandatory co-ownership (dividing walls)

• Not essentially temporary
• A certain level of organisation

1. Voluntary co-ownership (on the basis of an agreement)

• Voluntary
• Organised

Acquisition of Ownership

1. By transfer
2. By inheritance (succession)
3. Via accessio (fixture)
4. By commixtio (admixture)
5. Via specificatio
6. Via occupatio
7. By finding it
8. Via prescription
9. By expropriation
10. Community of property (marriage)

See what methods are relevant when ‘’Who is the owner’’ is asked in the exam.

1. Transfer

Transfer:

• Sales agreement (get money in return)
• Gift (nothing in return)
• Exchange (another product in return)

1. Inheritance

The heirs, in principle, inherit everything.

1. Accessio

1. Movable things that become immovable by attatching it to an immovable thing.

       (Steal bricks from your neighbour and build a chimney on your house.)

       The Neighbour can claim damages for compensation of stealing.

1. Movable thing is attached (affixed) to a movable thing that is a prominent object. Earphones plugged into your phone. Phone is a prominent object(most valued object). In this case you are not the owner because you can take the earplugs out of the phone again. There is a certain degree of attachment needed.  

If there is no prominent object there is co-ownership.

4.   Commixtio

The mixing of things (grains, liquids) belonging of different owners.