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INTRODUCTION TO PRIVATE LAW - Coggle Diagram
INTRODUCTION TO PRIVATE LAW
Legal norms
enacted by the legal system, the have to be respected
structure of legal norms
State of affairs: events to which a legal rule attacches a certain legal act
heteronomous act: the legal subject can freely decide whether or npt undertake a certain action,but he/she can not elect the legal consequences that arise from that action
material fact: adressed by a norm indipendently from every will of a person
autonomous legal act: a declaration of will that is intended to achieve a legal change
patrimonial
non-patrimonial
multilateral
inter vivos
bilateral
mortis causa
unilateral
Sanctions: legal effects
Legal personhood
the capacity to hold rights and duties protected by the law
recognised to all legal subjects
natural persons
legal persons
Natural persons
human beings: they all have legal personhood
acquired at birth, estinguished at death
embrios and fetuses are not considered as legal subjects in western legal systems
Legal persons
group of people/aggregation which aim to pursue legal or economical interests
organisations recognised by law
under private law, legal persons could be categorised into
Corporations: they respect solvency requirements and benefit from a corporate veil. members are liable only for the value f assets.
unincorporated legal entities: there isn't a corporate veil, members are liable if the value of assests is not anoigh to pay their entity's debts
Conservatorship
legal status to which a court appoints a person to manage the financial and personal affairs of a minor or incapacitated person
Minors
most important category of incapacitated people
Incapacitated adults
totally incapacitated or partially