There is no generally acknowledged view as to what precisely the right adds to the simple
permission, but it is clear thatsomeprotection is added.3.6 Summary
Rules
- Rules attach legal effects to operative facts.
- Dynamic rulesadd new facts to the occurrence of an event.
- Counts-as rulesbring about that some things count in the law as something else
as well. - Fact-to-factrules attach the presence of one fact to the presence of some
other fact.
Juridical acts
- Juridical acts give legal subjects the power to bring about legal effects
intentionally. - Dynamic rulesattachlegal effectsto the performance of a juridical act because
the agentintendedto bring about these effects with this act. - Juridical acts require the agent to be legallycompetentto perform this kind of
juridical act with these effects.
Duties
- Duties involve a relationship between the addressee of the duty and some kind of
act that the addressee is to perform. - Prohibitionsare duties to abstain from doing something.
- Implicit permissionto do something is nothing other than the absence of the
prohibition to refrain from doing it. - Explicit permissionis an exception to a prohibition.
Rights
- Claimsare rights against one or more particular legal subjects (rights in
personam). - Claims combine withobligationsin the narrow sense to form obligations in the
broad sense. - These obligations are the result of a particular event to which a dynamic rule
attached the presence of the obligation as a legal effect. - Rights in rem(on an object) are relations between the right holder and the object
on which the right rests.
48 J. Hage