Italian Private Law
ch 1 - the legal system
rule - prescribes a human conduct (поведение) as compulsory, prohibited or lawful (derives from regula)
personal - regards the conduct of a specific person or group of persons factual - covers one or more specified situations general - directs the conduct of whoever may find himself in a specified situation abstract - covers any situation that repeats any of the one envisioned
1)save exceptions
2)rules in codes, acts, statues,decrees, regulations
norm= normal, prescribe a certain pattern of behaviour sanction=provision to secure its enforcement (обеспечение правопорядка), subjects the person who breaks the rule to negative consequences civil sanctions ( compensation for damages) criminal sanctions (imprisonment) administrative sanctions (fine)
criterion for recognition between legal rules and not (rules of courtesy): a legal rule would be rule a violation of which would be checked by the use of force by a person or group who has “the socially acknowledged privilege to act in such a manner”. hoebel
“we associate the law with courts, courts with magistrates” (atiyah)
on what rules is the court decision to be founded? no longer free to draw its decision from whatever source it may choose judicial precedents - the way cases were previously adjudical (судубными, рассудительными) tend to prevail opinions of legal scholars - sources - rules - official collection - texts of reference rules dictated by authorities
legal rule= solely that which is formed out of one of “modes of production” laid down by the system itself
source of law=any act or fact apt at producing legal rules in a given system written sources - rules laid down in written texts unwritten sources - inferred from observance of customs, examination of precedents(although judicial precedents are no less written - interpretation)
types of sources: judicial precedents - case law: a criterion for resolution which is to be applied to a
rule - prescribes a human conduct (поведение) as compulsory, prohibited or lawful (derives from regula)
personal - regards the conduct of a specific person or group of persons factual - covers one or more specified situations general - directs the conduct of whoever may find himself in a specified situation abstract - covers any situation that repeats any of the one envisioned
1)save exceptions
2)rules in codes, acts, statues,decrees, regulations
norm= normal, prescribe a certain pattern of behaviour sanction=provision to secure its enforcement (обеспечение правопорядка), subjects the person who breaks the rule to negative consequences civil sanctions ( compensation for damages) criminal sanctions (imprisonment) administrative sanctions (fine)
criterion for recognition between legal rules and not (rules of courtesy): a legal rule would be rule a violation of which would be checked by the use of force by a person or group who has “the socially acknowledged privilege to act in such a manner”. hoebel
“we associate the law with courts, courts with magistrates” (atiyah)
on what rules is the court decision to be founded? no longer free to draw its decision from whatever source it may choose judicial precedents - the way cases were previously adjudical (судубными, рассудительными) tend to prevail opinions of legal scholars - sources - rules - official collection - texts of reference rules dictated by authorities
legal rule= solely that which is formed out of one of “modes of production” laid down by the system itself
source of law=any act or fact apt at producing legal rules in a given system written sources - rules laid down in written texts unwritten sources - inferred from observance of customs, examination of precedents(although judicial precedents are no less written - interpretation)
types of sources: judicial precedents - case law: a criterion for resolution which is to be applied to a