Business law
Part I- chap01
Law- system of rules (laws cannot clash between themselves thus need to know laws already in place to
introduce a new one) regulating conduct of individuals within a particular society (depends on country),
assisted by a set of mechanisms (courts and police) put in place to ensure its enforceability (coercive
means). Most societies organized as states, each with its own law. Key elements: System, legal positions,
and enforceability.
State- political organised community, established on a specific territory) exclusive to it by being
independent and sovereign. Key elements of state: people, territory, political power. Fundamental tasks
of state are notably, security, justice, economic, social, and cultural welfare. Pt state is Sovern, makes rules
and decides which rules are bounded. Power to approve laws- Parliament, court, president and
government.
Systems that regulate conduct: Religion- set of rules that should be followed by believers, relating to other
people or relationship w god. However, there is no enforcement as if you break the rules, you are not
punished in this life.
Moral- orientates individuals conduct to the practice good, allowing to achieve virtue. No enforcement.
Social rules- regarding social conduct of individuals within society. Make life in community easier. Non-
compliance w rules makes life hard (not impossible) thus no enforcement.
Natural law- permanent fundamental basis of all law. Group of universal and eternal principles arising
from justice that go beyond the law in force in a community at a given moment. accepted principles.
Positive law- body of statutes approved, published and in force in a certain community/state and in certain
period. Legal “positivism” denies existence of natural law. The published law.
2 main legal systems:
Common law- majority of rules not written, they are customary, everyone believes its correct, follows
them and accepts them as law. Judges bound by the precedent; what previous judges have done before.
Civil law- every law is drafted and published. Updated legal codes (set of laws, a code includes all laws, civil
code includes all civil laws) In Portugal parliament and gov accept laws. Judges can decide law independent
of what previous judges have rules, can freely interpret law.
Legal provisions- a rule that was written in the law that is published, thus enforced. Connects consequence
to and abstract decision of a certain situation.
Abstract Description- of situation, determines (found money on the floor and know who’s it is).
Determination- conduct that must be adopted should the situation arise. (give it back).
Some legal provisions include sanctions not mandatory. part of the legal system not provision.
Example: “whoever kills a person shall be liable to imprisonment term ranging from 8 to 18 years”.
Abstract description, if every situation you have impulse to do it, determination- don’t do it. Sanction is 8-
16 years of jail.
Characteristics of legal provisions:
Generic- do not consider individuals, created for undetermined people. Usually, plural as applicable
to a large number of ppl. However, may be applicable to one person only (president).
Abstract- do not address particular cases. Board and non-particular manner and do not
contemplate particular cases.
Mandatory- issue a command that should be complied with. However there are legal provisions
that merely grant a permission, option, action, result.
Breakable- apply to free people, someone may choose to break the law.
, Business law
Enforceable- supported by a system w means to enforce them. (use force to repress violations).
(fine or imprisonment)
(purchase and sale of real estate must be executed in writing by public deed by a
notary officer).
(fine or imprisonment)
(marriage of minor without parents consent is valid but minor continues prior to
marriage).
Enforceability (sanctions)
Unfavourable consequences imposed by law upon offender as a result of an infringement of a law.
Imposed by the state which has legal powers and means to enforce compliance.
Types depending on if you break/ infringe a criminal law- (sanctions are criminal fines or imprisonment) or
civil law-(civil liability, you will be under obligation to pay damages and compensate, not a fine) (synonyms
for compensation not plural of damage) or administrative rules- (administrative fines) not stopping at stop
sign..
Types of sanctions: (violation of a single law can result in multiple sanctions).
Compulsory penalties- avoid continuation of infringement, imposing punishment on intrigant that
remains in place until full compliance.
Reconstructive- seek to reconstruct situation, how it was before infringement. In natura- invading
someone’s building, legally building must return to the person. Specific execution- if debtor fails to
adopt a conduct but creditor remains interested, debtor must comply. If obligation breached was a
service, can get a third party to do so (construction).
Compensatory- aim to create a situation equivalent to situation that would exist if breach did not
occur. When reconstructive not possible, compensatory sanctions must apply and compensate for
harm suffered. (in a car accident A destroys B cars, A must pay damages). For non-fungible things.
Preventive- to prevent future violations, in addition to imprisonment, supplementary penalties
may apply.
Punitive- impose suffering upon the offender and to reprove his conduct. To impose a punishment
for the loss or harm caused to someone. Penalties can be of a criminal (imprisonment) , civil
(tricking someone to change will) or disciplinary nature ( attacking supervisor, disciplinary
procedure is dismissed).
Sources of law-means through which the law is created and revealed. Internal vs international.
Law/statutes, custom, jurisprudence, doctrine.
Eu law: primary and secondary law.
Regulations- normative acts, w general application, binding and directly applicable. Do not need
transposition, when it’s published its automatically applicable.
Directives- not directly applicable. An instruction to member states to read these and create an act
of parliament or decree law within said guidelines by transposing (transform) it into national law.
Gives options within boundaries.
International sources of law:
Part I- chap01
Law- system of rules (laws cannot clash between themselves thus need to know laws already in place to
introduce a new one) regulating conduct of individuals within a particular society (depends on country),
assisted by a set of mechanisms (courts and police) put in place to ensure its enforceability (coercive
means). Most societies organized as states, each with its own law. Key elements: System, legal positions,
and enforceability.
State- political organised community, established on a specific territory) exclusive to it by being
independent and sovereign. Key elements of state: people, territory, political power. Fundamental tasks
of state are notably, security, justice, economic, social, and cultural welfare. Pt state is Sovern, makes rules
and decides which rules are bounded. Power to approve laws- Parliament, court, president and
government.
Systems that regulate conduct: Religion- set of rules that should be followed by believers, relating to other
people or relationship w god. However, there is no enforcement as if you break the rules, you are not
punished in this life.
Moral- orientates individuals conduct to the practice good, allowing to achieve virtue. No enforcement.
Social rules- regarding social conduct of individuals within society. Make life in community easier. Non-
compliance w rules makes life hard (not impossible) thus no enforcement.
Natural law- permanent fundamental basis of all law. Group of universal and eternal principles arising
from justice that go beyond the law in force in a community at a given moment. accepted principles.
Positive law- body of statutes approved, published and in force in a certain community/state and in certain
period. Legal “positivism” denies existence of natural law. The published law.
2 main legal systems:
Common law- majority of rules not written, they are customary, everyone believes its correct, follows
them and accepts them as law. Judges bound by the precedent; what previous judges have done before.
Civil law- every law is drafted and published. Updated legal codes (set of laws, a code includes all laws, civil
code includes all civil laws) In Portugal parliament and gov accept laws. Judges can decide law independent
of what previous judges have rules, can freely interpret law.
Legal provisions- a rule that was written in the law that is published, thus enforced. Connects consequence
to and abstract decision of a certain situation.
Abstract Description- of situation, determines (found money on the floor and know who’s it is).
Determination- conduct that must be adopted should the situation arise. (give it back).
Some legal provisions include sanctions not mandatory. part of the legal system not provision.
Example: “whoever kills a person shall be liable to imprisonment term ranging from 8 to 18 years”.
Abstract description, if every situation you have impulse to do it, determination- don’t do it. Sanction is 8-
16 years of jail.
Characteristics of legal provisions:
Generic- do not consider individuals, created for undetermined people. Usually, plural as applicable
to a large number of ppl. However, may be applicable to one person only (president).
Abstract- do not address particular cases. Board and non-particular manner and do not
contemplate particular cases.
Mandatory- issue a command that should be complied with. However there are legal provisions
that merely grant a permission, option, action, result.
Breakable- apply to free people, someone may choose to break the law.
, Business law
Enforceable- supported by a system w means to enforce them. (use force to repress violations).
(fine or imprisonment)
(purchase and sale of real estate must be executed in writing by public deed by a
notary officer).
(fine or imprisonment)
(marriage of minor without parents consent is valid but minor continues prior to
marriage).
Enforceability (sanctions)
Unfavourable consequences imposed by law upon offender as a result of an infringement of a law.
Imposed by the state which has legal powers and means to enforce compliance.
Types depending on if you break/ infringe a criminal law- (sanctions are criminal fines or imprisonment) or
civil law-(civil liability, you will be under obligation to pay damages and compensate, not a fine) (synonyms
for compensation not plural of damage) or administrative rules- (administrative fines) not stopping at stop
sign..
Types of sanctions: (violation of a single law can result in multiple sanctions).
Compulsory penalties- avoid continuation of infringement, imposing punishment on intrigant that
remains in place until full compliance.
Reconstructive- seek to reconstruct situation, how it was before infringement. In natura- invading
someone’s building, legally building must return to the person. Specific execution- if debtor fails to
adopt a conduct but creditor remains interested, debtor must comply. If obligation breached was a
service, can get a third party to do so (construction).
Compensatory- aim to create a situation equivalent to situation that would exist if breach did not
occur. When reconstructive not possible, compensatory sanctions must apply and compensate for
harm suffered. (in a car accident A destroys B cars, A must pay damages). For non-fungible things.
Preventive- to prevent future violations, in addition to imprisonment, supplementary penalties
may apply.
Punitive- impose suffering upon the offender and to reprove his conduct. To impose a punishment
for the loss or harm caused to someone. Penalties can be of a criminal (imprisonment) , civil
(tricking someone to change will) or disciplinary nature ( attacking supervisor, disciplinary
procedure is dismissed).
Sources of law-means through which the law is created and revealed. Internal vs international.
Law/statutes, custom, jurisprudence, doctrine.
Eu law: primary and secondary law.
Regulations- normative acts, w general application, binding and directly applicable. Do not need
transposition, when it’s published its automatically applicable.
Directives- not directly applicable. An instruction to member states to read these and create an act
of parliament or decree law within said guidelines by transposing (transform) it into national law.
Gives options within boundaries.
International sources of law:
