Introduction to Law

An example would be the rule against cats and dogs in a butcher’s shop, which should also apply to the monkey which Mrs. Jackson ...

Another difference between legislation and treaties is that the scope of applica- tion of legislation will usually be confined t ...

financial difficulties. The fear of such financial difficulties may lead the seller to refrain from re-investing the money, and ...

in all the relevant aspects. This creates leeway for the development of law because a court that must decide a new case has to d ...

means that this guideline must be, by and large, effective because in the absence of effectiveness, it is hard to speak of a cus ...

Figure2.2indicates what the sources of law are, both in the common law tradition and in the civil law tradition. Validity source ...

Basic Concepts of Law 3 Jaap Hage 3.1 Fields of Law Law is not a homogeneous body of rules. In fact, it consists of many “fields ...

Private Law Private law deals with the mutual relations between citizens. Both property lawandcontract laware major branches of ...

On the other hand, the institutions of the EU make law themselves. This law deals with the organization of the EU, in a manner s ...

3.2 Rules, Operative Facts, and Legal Effects Functions of Rules A common misunderstanding about law is that it consists of rule ...

“IF a person settles permanently in a place THEN this person has settled his residence at this place.” The need to reconstruct r ...

Fact-to-Fact Rules Still other rules bring about that if a particular kind of fact is present, some other kind of fact is presen ...

3.4 Juridical Acts The law is dynamic, both in the sense that the rules change in the course of time and in the sense that the l ...

Factual Acts Sometimes it is useful to dispose over terminology to refer to acts that are not juridical acts. For instance, a mu ...

AddresseesDuties are meant to guide persons in their behavior. This means that duties are always addressed to one or more agents ...

permission is then needed to limit the scope of this prohibition, and to that purpose an explicit permission is necessary. Such ...

Take for instance a sales contract. When two parties have entered into a sales contract, the seller is under an obligation to de ...

There is no generally acknowledged view as to what precisely the right adds to the simple permission, but it is clear thatsomepr ...

Usually they involveexplicit permissionby way of exception to ageneral prohibitionthat holds for all nonholders of the right. O ...

The Law of Contract 4 Jan Smits 4.1 Introduction Modern society is unthinkable without the possibility to conclude binding contr ...