Fundamentals of Civil Law: Legal Concepts and Obligations

Philosophy and ethics2.7 KB

1. The Concept of Law

  • Concept of Law
  • Characteristics of Law: Bilateral, generality, imperative, and coercivity.
  • Classes of Law: Public and private.
  • Sources of Law: Legislation, custom, and general principles of law.

2. Subjects of Legal Relationships

  • Concept and Classes: Physical and legal persons.
  • Capacity of Natural Persons: Legal capacity and capacity to act.
  • The Natural Person: Birth, extinction, and proof of birth and death.
  • Marital Status of Persons.
  • Age and Legal Capacity: Concept, impact on capacity, age of majority, minors, and emancipation (via concession or marriage).
  • Disability and Incapacitation: Natural disability (physical defects, mental disturbances), judicial disability, and institutionalization of minors.
  • Family and Personal Status: Relationships.
  • Legal Persons: Concept, classes (public and private law, public and private interest groups, associations), and legal status.

3. Objects of Civil Law and Heritage

  • Definition of Things.
  • Classification of Things:
    • Susceptibility of Traffic: Prohibited, restricted, and free.
    • Ownership: Public and private.
    • Qualities: Real property (by nature, destination, analogy), personal property (by nature, by exclusion), tangible and intangible, consumable and non-consumable, fungible and non-fungible, divisible and indivisible, simple and compound.
  • Property: Concept and types of assets (personal, special, destination, group).
  • Patrimonial Legal Relationships: Concept, classes (public and private law), and structure (subject, object, content).
  • Subjective Rights.

4. The Obligation

  • Concept of Obligation.
  • Elements of the Obligation: Subject, object, and legal link.
  • Classification of Liabilities: Debit and responsibility.
  • Sources of Obligation: Ex voluntate and ex lege (law, contract, quasi-contract, lawful acts).
  • Classes of Obligations:
    • By Object: Positive (to give, to do) and negative (not to do).
    • By Subjects: Joint (active, passive, and mixed).
    • By Link: Unilateral and bilateral.

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