CLUSTER 2: PRIVATE LAW - introduction to private law

6 important questions on CLUSTER 2: PRIVATE LAW - introduction to private law

What are the 2 rules that private law descibes?

Formalities (rules that have to be followed conditionally)  and default rules (rules that apply when parties have not made other arrangements.

What is the goal of private law?

Give parties autonomy while restricting extreme cases

What are the 3 subdomains of private law and what are their moral maxims?

Contract law: promises have to be kept
tort law: harming others is not allowed
property law: property must be respected.
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What is the difference between a legal obligation and a moral obligation?

A legal obligation has legal effect

What is the legal effect of legal obligations?

Performance of the obligation can be enforces when the obligation is breached by 1. Specific performance or 2. Claim of damages.

How is an obligation enforced when you have a case by court?

Court combines facts with rules (relevant criteria and exceptions) of law with the consequence of obligations.

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