3 PRIVATE LAW AND PUBLIC LAW; SOURCES OF PRIVATE LAW; INTERPRETATION Exam Questions And Correct Verified Answers.
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Course
PRIVATE LAW
Institution
PRIVATE LAW
What is private law? - correct answer Private law deals with the mutual relations between citizens. It is subdivided into civil law (contract law, tort law, property law, family law, inheritance law) and commercial law (companies, fair competition, indu...
3 PRIVATE LAW AND PUBLIC LAW;
SOURCES OF PRIVATE LAW;
INTERPRETATION
What is private law? - correct answer Private law deals with the mutual
relations between citizens. It is subdivided into civil law (contract law, tort law, property law, family law,
inheritance law) and commercial law (companies, fair competition, industrial and intellectual law)
The Italian codice civile includes what laws? - correct answer The Italian codice
civile encompasses both civil and commercial law and has thus reunited private law
What is public law? - correct answer Public law is that part of the law in which
the government as such plays a role.
The rise of public law has historically aimed at exempting the State's authoritative power from
undergoing private law norms (particularly regards civil liability towards citizens).
Explain an act iure privatorum - correct answer If the State acts not for the
sake of its own authoritative power, but like any other legal subject, the State is said to act iure
privatorum (accordingly to private law)
What are the 5 types of public law and to what do they pertain? - correct answer
• Administrative law pertains to the executory. It covers the many interactions between government
agents and civilians
• Criminal law deals with the prosecution of crimes (or criminal offences), i.e. unlawful acts which are
punished by the State because of their harmfulness towards individuals or the community
• Constitutional law lays the State's foundations, both regards protection of citizens' fundamental rights
and liberties, and the structural and functional organization of its powers
• Procedural law regulates the proceedings for the judicial application of private law, criminal law and
administrative law
• Tax law regulates taxation
, What are mandatory norms? - correct answer Mandatory norms may not be
set aside through an agreement between their addressees
• Most public law consists of mandatory norms
• Paramount for public law is the supremacy of public interest towards individuals' interests
What are default norms? - correct answer Default norms may be set aside
though an agreement between their addressees.
• Nearly the entirety of private law consists of default norms
• A major role is played by default norms which supplement agreements concluded by the parties
What are the three requirements of a legal system? - correct answer A legal
system must be certain, dynamic, and efficient
How do secondary rules relate to the "basic norm"? - correct answer
"secondary" rules aim at identifying, changing and enforcing "primary" rules.
The "basic norm" is typically a secondary rule, which aims at identifying primary rules, thus ensuring
certainty of a legal system secondary rules which govern the possible change of primary ones ensure
dynamism of a legal system
Rules which deal with the enforcement of primary ones ensure the efficiency of a legal system
What are sources of law? - correct answer The secondary rules which govern
the possible change of the primary ones are commonly known as sources of law
• Sources of law play a major role in the historical development of a legal order, since they stipulate
what facts or acts are capable:
• to create new rules, or
• to change or repeal those already existing
• They answer to the question whether a particular rule is also a legal rule
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