Summary: Public Law Part 1

Read the summary and the most important questions on Public law Part 1

• 1 On the law and your rights

• 1.1 Distinction between law ( objective) and rights ( subjective)

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• Explain : law as a social phenomen (objective)

  Set of unwritten rules for outward behaviour for people living in social context

• Explain : law from an individual point of view (subjective)

  Claim that person derives from a legal rule
  "subjectif" => based on personal feelings, tastes, opinions,...

• 1.2 What lawyers do… : An example of analytic approach

• When will the judge award your compensation?

  3 requirements have to be met :
  

  • Fault (tortious act)
  • Loss/damage
  • Causality

• 1.2.1 Fault

• Explain the objective component of fault:

  = the act
  

  • the breach of specific rule
  • the breach of general duty of care

• Explain the subjective component of fault:

  = tortious nature of the act
  

  • mental capacity
  • age

• 1.2.3 Causality

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• Would there be a loss, without the tortious act ? 

  There can be a loss but if it is not due to a tortious act, the person cannot go in front of the court because there is no causality. 

• 1.3 Essence of art. 1382 Belgian Civil Codes

• What are the 2 rules of provision?

  1. Ban on causing loss to others (trough tortious acts)
     
  2. The duty to compensate for loss

• 1.4 2 types of litigation

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• What is a subjective litigation?

  "Claim your rights based on the law" (90%)

• What is objective litigation?

  "Challenge the law", person knows that based on law he is in fault but situation is unfair. (10%)

• 2 The Law: Definition and decisive features

• 2.2 Decisive features

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• What are the 4 decisive features of the law?

  1. Law is all about mandotary rules (obligations & prohibations)
     
  2. Legal rules concern outward human behaviour (no animals, no ideas/wishes)
  3. Legal rules are general and impersonal
  4. Legal rules are enforced by the public authorities