Samenvatting International law and business

ISBN-13 9789001871574
144 Flashcards en notities
3 Studenten
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Dit is de samenvatting van het boek "International law and business". De auteur(s) van het boek is/zijn Wernaart, Mr Dr B F W. Het ISBN van dit boek is 9789001871574. Deze samenvatting is geschreven door studenten die effectief studeren met de studietool van Study Smart With Chris.

Samenvatting - International law and business

  • 1.1 The organisation of just behaviour

  • Law
    Law organises just behaviour in a society in order to regulate what is just and avoid chaos.
  • What are the 3 basic values of 'just'?
    - Justice
    - Opportunes
    - Legal certainty
  • There are three elements of the word just; which are justice, opportunes and legal certainty
  • Law organises just behaviour by applying two different rules: rules on content (substantive law) and rules to maintain this content (formal law). They are the 'rules of the game' that people are required to obey.
  • By what 2 different rules does law organise just behavior?
    Law organises just behaviour by applying two different rules: rules on content (substantive law) and rules to maintain this content (formal law). They are the 'rules of the game' that people are required to obey.
  • 1.1.1 Substantive and formal law

  • Substantive law
    Substantive law is composed of legal rules that define the content of just behaviour.
  • There will always be people that will challenge the substantive law,  therefore, a legislator will need to adopt different kinds of rules next to the substantive rules: formal rules.
  • Formal law
    Formal is composed of legal rules that maintain substantive law.
  • 1.1.2 Public and private law

  • Substantive and formal law are applied on the two particular relations within the societies: the relation between the government and its citizens, and the relation between citizens.
  • Public law
    Public law is the law that regulates the relation between a government and its citizens.
  • Public substantive law is adopted for the benefit not society in general, and acts when one misbehaves, for the sake of society. 

    In the second place, there are formal rules that regulate the legal procedures that need to be taken into account when a citizen misbehaves. In order to do so, formal procedures needs to be followed, and evidence should be displayed. 
  • Public formal law
    A stat is not unlimitedly competent in punishing a citizen; formal procedures need to be followed and evidence should e of a particular quality before a state may interfere
  • Private law
    Private law is the law that regulates the relation between citizen or those who act as citizens.
  • Public substantive law:
    The state adopts the substantive law for the benefits of society in general, and acts when one misbehaves, for the sake of society
  • Private substantive law is needed to regulate the relation between the quarrelling parties to solve the issues. 

    And also private formal law is needed to maintain the law that are necessary.
  • Private substantive law
    Regulating the relation between individuals to solve certain issues
  • And also private formal law is needed to maintain the law that are necessary.
  • Private formal law
    Legal standards that regulate the proceedings when one individual seeks legal remedies agains the other in court.
  • 1.2 The meaning of just behaviour

  • Just
    Just implies a balance between the values 'justice', 'opportuneness' and 'legal certainty'.
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Legal solution to a social problem
The particular legal concept within a given legal system that solves the involved social problems
Praesumptio similtudinies
The assumption that in essence each society faces the same social problems
Tertium comparationis
The shared social problem to which the compared legal solutions answer
Micro comparison
The activity in which the legal solution to a social problem in legal systems are compared
Origin of common law
Common law applied to the entire English community and the main purpose was to provide for practical solutions in actual cases. Gradually, a system of permanent solutions to similar cases began to emerge: the precedents in case law
Define Common Law Systems
A common law system is case law driven. The law is predominantly developed by judges, rather than a legislator or academics. The focus on case law consequentially means that in common law systems there s a great emphasis on the procedural matters of law. 

After all, the proceedings in court define the course of law. 
Legal families
A group of legal systems that share the same basic characteristic in law, including at similar hierarchy of legal rules
Legal systems
A coherent collective of legal rules in which the same hierarchy of legal sources applies, mostly determined by the boundaries of a state.
Macro comparison
The activity in which the main characteristics of legal systems are compared 

Leads to insight into how legal systems work, and to what extent they are similar/different from one another. 
Unification of law
Harmonizing and unifying law, for instance to stimulate cross-border trade