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This Skill Bit talks about how Roman contract law was essential for the economy, emphasizing enforceability (pacta sunt servanda) and requiring a valid causa (reason) for contracts. Types included sale, lease, loan, deposit, mandate, and partnership, with stipulatio as a formal verbal contract. Pacta sunt servanda means agreements must be kept. It’s a core contract…
This Skill Bit talks about how Civil law judges play an active, inquisitorial role in examining evidence and applying the law. They have discretion but must adhere to legal standards and are subject to appeals, which ensures accountability and consistency. Jus civile was ancient Roman law for Roman citizens, originating from the Twelve Tables and…
This Skill Bit talks about how the principle “expressum facit cessare tacitum” emphasizes explicit contract terms over implied understandings. Clearly expressed terms supersede any implicit terms, preventing disputes and ensuring contractual clarity. “Expressio unius, exclusio alterius” means mentioning one thing implies excluding others. It aids contract and law interpretation by clarifying scope and limitations. However,…
This Skill Bit talks about the Case law, or common law, which is developed through court decisions, influencing future rulings. It offers flexibility and adaptability, evolving with society. The principle of stare decisis ensures consistency by following previous decisions. Case law is shaped by several rules: stare decisis mandates following higher court precedents, persuasive authority…
This Skill Bit talks about Common law, which originates from England, relying on case precedents and judicial interpretation. Judges shape law through decisions, promoting flexibility and adaptability. The principle of stare decisis ensures consistency in lower courts. Stare decisis is the principle of following prior court decisions in similar cases. It promotes consistency and predictability…
This Skill Bit talks about how comparative interpretation involves using similar contracts or legal standards to clarify contract terms, providing context while considering differing legal and cultural environments. The contra proferentem rule benefits the non-drafting party by holding the drafter accountable for ambiguous language, thus promoting fairness. It is used only when ambiguity remains after…
This Skill Bit talks about how tort moral compensates for non-material harm caused by morally or ethically wrong acts, even without specific legal violation. Primarily found in civil law systems, it allows for damages for defamation, invasion of privacy, or intentional infliction of emotional distress. Civil law uses multiple methods to interpret contracts: literal, systematic,…
This Skill Bit talks about how civil law often mandates contract formalities like writing, signatures, notarization, and registration to ensure clarity, enforceability, and protection against third parties. Good faith is a fundamental contract law principle requiring honest, fair, and reasonable conduct. It’s recognized globally, ensuring parties act in accordance with the contract’s purpose. While widely…
This Skill Bit talks about how civil law respects freedom of contract and prioritizes consumer protection over party autonomy compared to common law. Civil law often includes statutory limitations on contract terms and requires specific formalities for enforceability. Civil law prioritizes contract language and expressed intentions for interpretation. Unlike common law’s contextual approach, civil law…
