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INTRODUCTION TO PRIVATE LAW - Coggle Diagram
INTRODUCTION TO PRIVATE LAW
Western legal tradition
it extends from Roman law
subdivided in
Common law: core of rules enacted by the law of courts
Civil law: jurisdiction of continenatal Europe which has its matrix extremely in the separation of powers/functions
distinction between Private and Public law
Private law: it governs the relationships between individuals, it concerns the capacity of creating legally bindin agreements(exchange of property, commercial law)
Public law: it regulates the relationship between different public organs and between the citizend and public state
not a final distinction
main category of rules
mandatory rules: they can not be set askide by an agreement between parties
default rules: they can be derogated by the parties through an agreement(useful under economic matters)
Subjective right
The power of a person or group of persons to seek enforcement to preserve her/his/its versted interest
Classification of rights
rights in personam(relative): Their enforcement is strictly directed into one specific person. These rights are divided into credit and power.
non-patrimonial rights
Patrimonial rights
rights in rem(absolute): enforceable against everybpdy, strictly related to the relationship between the right holder and the good.
Credit
The credtiro is entitled to claim that the debitor performs an action. The relationship between them is called "obligation".
performances
dare
facere
non facere
Power
there is no need of coopeation between parties, the relationship between them relies on "liability"