What is the peculiar feature of the D ° real? Erga
Omens q gives D º D º to exercise any q challenged him, may be possessed against anyone who comes to haunt. But in the D
No obligation is only to people who have held an obligation.
What is parallelism?
The domain m º D grants availability of production, the enjoyment is direct in the D ° real. The D
No obligation is based on the individual treatment q then the other guy. The D No real
not arise from the will of the parties but q are set by law,
.
But in the D ° of debt. Here the parties are free to regulate their obligations. But they can not transgress the law.
What the law does not prohibit is permitted. The D º
real
are perpetual. If the owner is always the owner can pass on to their children, or even q is sold. Always.
D º
But the obligations are limited in time. Everyone has a limited temporal limit in time. The obligations
can agree on something q-looking still or success.
What are the D ° Royal?
(these are the domain, condo, etc..) They can not leave the law
What are Family D º?
D º R-The family is social ethics
In D No obligation is equity.
What are the Family D º?
Custody - Guardianship - Conservatorship - marriage. Has a social ethical content.
The parent must give food to feed their children.
what is the penalty for failure of marital duties?
Act 1045 Loses custody - are also the indignity, the disinheritance of those who have attempted assassination of their ancestors. The D º
of debt is paternalism.
What is the similarity to the D No family?
D º R-The credit has economic significance is based on equity. While the D
No family is based on equity is rather something ethical and social. (The penalties are different) The D º
family if the wife goes against the penalty is divorce.
If a parent violates the child's punishment is the loss of parental rights.
What is the important aspect of the matter?
??????????
Why is it important? R-Digimos
that since the producer produces until you reach the end consumer the state should give legal certainty.
From the cassava plant to q q q get to the store sells q final consumer pays by credit card, check or cash or
exchange of goods.
How did they originate the obligations?
R-The first source of the obligation was the crime, someone to hurt someone's forced to pay.
- From the law of the 12 tables private revenge Mesopotamian origin.
"Then the nexum. bind the debtor not only with its debt-equity on his own person but the creditor was bound as a slave.
Paetelia Papiria Law: no longer the person was of the assets was no longer an eye for an eye but q was on his sake I hope the prison called debt. If you commit and pay is considered bad faith q defrauded the creditor.
- In the Middle Ages emerges purely financial reprochavilidad
- After the nineteenth century German pandects
- up from 92 in the end imprisonment for debt. Ecepto food delivery and proven fraud.
What is the legal nature of obligations?
R-El D No credit is required SUSTRACTUM UNE (link) to people. What idea
sources suggest? R-birthing
obligations of their source.
Why is it necessary that the bonds have a source?
R-??????????
What is the normal state of the person?
R-La Libertad. I have no reason to be tied to that person. Coers
by an obligation.
I can not be at the mercy of another person
should be a cause for it that is the source read Section 416 and 417
What is logical necessity?
?????????????????
What is the source? Read
overboard.
Where the obligation has its source?
R-We said there is a connection between two people if I promise to do or not do and if I do I seized my property. So the obligation
coercion exercised by the debtor.
What is the Source?
Done: any natural event (temporary, birth of a foal, etc.).
Events: Article 277 is a voluntary echo create, extinguish or modify an act. (Contract requires a person to another).
laws: what the law provides. Art
1841. "The wrongful echos indepnizar requires the perpetrator to the victim.
What is the general theory of the sources?
general theory of sources is that studies the origin q, tries to explain how, why liability arises.
As undertaken by the debtor to that benefit,
What was the first source? R-LA
first source was the offense, "was sharp."
Then was the contract, this was the justitutas of Justinian. According to the born of a crime or a contract.
then told the lawyer GAYO comprehensive born of a crime, contract or other figures, then the universe is wide much higher q can be born of the will of the parties.
- Then in the text of the Digest are 4
- Crimes
- the quasi-criminal negligence or incompetence.
-
Contracts - quasi contract is not a contract but has its own effects.
What is the legal nature of the D º?
R-The first real D are absolute "I exercise my power over whether or not this thing.
obligations in the D ° are personal concerns about money capital assets.
Person to person are all concerns regarding your estate
The D No Credit are personal rights of monetary value.
Its characteristic is an object incorporeal.
In this thing but no matter what the person commits q.
The obligation requires it to dispose of the thing and forces the other to divest a portion of its assets to pay. This behavior is called PROVISION.
PERFORMANCE: DAR - DO - DO NOT
To Paulo
The obligation is a personal D ° is not nothing but lies on the person of the debtor.
What are the D º q we have in this field?
R-The royal º D, D ° Heritage, The D No real man's relationship with the thing.
The difference with the D No obligation is a person another. The D º
property is the relationship of the person with the creation or invention. Feature
D No Credit. R-
can only enforce the parties
Why is this? Because can not get a third party. only that which held the contract. The D
No real object can be claimed by a 3 rd ro Ahem. The commercial can be recovered from a 3 rd ro.
What is the distinctive feature of the D No Real? R-Erga
omens that gives the D º D ª exercise to anyone who challenged him. Can be possessed against anyone who comes to disturb it.
Difference between debt and responsibility?
R-are 2 different times to celebrate when debt is a part and the other the right to complain.
Debt: born when required place. Borrower constrains and empowers the Lender.
LIABILITY: born when compliance is required, eg when the vehicle slows. If no payment agreement necessarily pay me running my other goods. That is accountability.
What is the area in which the obligation streamlines?
R-In a society where goods and services exchanged. We all give our input.
What is the location of D º in this?
R-Middle between the debtor and the creditor when there is conflict.
"About D º q lies the obligation?
R-on tangible goods and property that to which the debtor undertakes q must have a pecuniary valuation
materials and property.
The obligation is the legal link of some q binds one person to another person joins the obligation of the debtor and creditor. Ends when it meets this obligation must meet fatally willy-nilly. Consists
do if or whether or not to do. Ea
undertakes to deliver a sum of money so far.
consists of an active part q is the creditor's vested D º to require the debtor. And other passive
is the q deudor.es undertakes to do or not do on a benefit.
Performance: is something that has monetary value.
The state should give legal certainty given the legal tools for specific performance.
The obligation has its origin in the will of the agent.
Its source originates in the will.
Also in damages caused by wrongful acts arising from a cause to be repaired with an obligation.
Illegality. Any act of transgression of the law on traffic accident is the example. Of a wrongful act q q produces an obligation on the accident should compensate the damage in money.
0 comments:
Post a Comment