Law 3101A/B Study Guide - Quiz Guide: United Nations Convention On Contracts For The International Sale Of Goods, Soft Law, Quid Pro Quo
16 Oct 2018
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Duties and rights duty: 1. actors are under duty (duties are always addressed at one or more actors) Every duty indicates what the addressee has to do. Action which a duty prescribes = doing something and abstaining from doing it. 2. action to which the duty applies (abstaining = prohibition not to commit theft) Legal duties attach an obligation -> legal effect (private law), if violated = tort. Obligation /claims = - counterpart of the claim (narrow sense) Claim that resulted from the contract (broad sense) permission: - what a person is allowed to do, if not then it is unlawfully. Implicit permission = absence of a prohibition. Explicit permission = exceptions to prohibitions (owners right to destroy his property) rights: 1. 2. rights are over which the right holder can dispose (anordnen, entscheiden) Rights in personam = rights regarding a person or claims. Rights in rem = rights regarding an object (cid:523)(cid:498)res(cid:499) = object, thing(cid:524)
