Obligatory law

I GENERAL PART

[1] The notion and significance of the obligatory law?

[2] Creation and development of an obligatory law?

[3] Law on Obligations?

[4] The principle of conscientiousness and honesty?

[5] Other sources of the law of obligations?

[6] Language meaning of the “commitment”?

[7] Conceptual meaning of the “commitment”?

[8] The term and subject of the claim?

[9] What are the benefits of the creditor?

[10] Differences between the obligation and the obligation relationship?

[11] Contents of the bond relationship?

[12] Obligatory relationship entities?

[13] Debt and liability?

[14] Non-claimed claims?

[15] The Difference Between Obligatory and Real Rights?

[16] The similarities between the obligation and the real rights?

[17] Types of obligations with regard to properties?

[18] Individual and generic obligations?

[19] Alternative obligations?

[20] Optional obligations?

[21] Cumulative obligations?

[22] Money obligations?

[23] Interest?

[24] The notion and types of sources of obligatory relations?

[25] Concept and significance of the contract?

[26] The notion and content of the principle of freedom of contracting?

[27] Restriction of freedom of contract?

[28] Contractor’s business ability?

[29] The term object of the contract?

[30] Requirements to satisfy the subject of the contract?

[31] The basis and motive of the contract?

[32] Declaration of will and consent of will?

[33] The notion and legal nature of the offer for the conclusion of a contract?

[34] Conditions to satisfy the offer?

[35] The fact of the offer to conclude a contract?

[36] Offer to present and absent person?

[37] Death or loss of a party’s bidding ability; withdrawal and revocation of offers?

[38] Acceptance of the bidding contract?

[39] Time and place of contract conclusion?

[40] Contracts that are made on the basis of general conditions?

[41] Factual contractual relations?

[42] Obligatory relations on the basis of negotiations?

[43] The notion and purpose of the form of a contract?

[44] The constitutive and evidential form of a contract?

[45] Consequences of failure to comply with the prescribed constitutional form of the contract?

[46] Written form of contract?

[47] Interpretation of the contract?

[48] ​​Formal and informal, consensual and real contracts?

[49] Unilaterally binding and mutually binding contracts?

[50] Freight and goodies, commutative and aleatory contracts?

[51] Negotiations and final contracts?

[52] Causal and abstract agreements?

[53] Short-term and long-term contracts?

[54] Named and unnamed, major and minor, free and complex contracts?

[55] General and special, individual and collective agreements?

[56] What is the effect of the contract?

[57] Person to whom the contract is valid?

[58] Contract for the benefit of a third party?

[59] Agreement on the promise of a third party’s performance?

[60] Objection of unsettled contract?

[61] The notion of a legal lack of things and the concept and types of eviction?

[62] Requirements for protection against eviction?

[63] Legal consequences of the eviction?

[64] The notion of material shortage of things?

[65] Assumption of responsibility for material defects of things?

[66] Legal consequences of the material shortage of things?

[67] Excessive damage?

[68] Inability to fulfill obligations?

[69] Changed circumstances in the contract?

[70] Agreed termination of the contract?

[71] Unilateral termination of contract due to non-fulfillment?

[72] Breaking fixed contracts?

[73] Nothing contracts?

[74] Demolishing contracts?

[75] Accidental failure to fulfill contract obligations?

[76] Over time, cancellation and death of a contracting party?

[77] Causing damage to another as a source of an obligation relationship?

[78] The notion and essence of legal responsibility in general?

[79] The notion and essence of property or civil responsibility?

[80] Theoretical differences between contractual and non-contractual liability?

[81] Practical differences between contractual and non-contractual liability?

[82] Possibility of acquisition and competition of contractual and non-contractual liability?

[83] Relationship between civil and criminal liability?

[84] The notion and types of grounds for liability for damage?

[85] Liability for guilt or subjective liability?

[86] Liability due to created or controlled risk (objective liability)?

[87] Responsibility based on justice?

[88] Conditions of liability for damage?

[89] Concept of damage?

[90] Material and non-pecuniary damage?

[91] Real damage and lost profit?

[92] Indirect and immediate damage?

[93] Positive and negative interest, predictable and unforeseeable damage, concrete and pecuniary damage?

[94] The distinction between natural and the “legal” causality?

[95] The theory of conditions and the theory of direct and indirect causation?

[96] Non-use as a cause of damage?

[97] Theory of adequate causation?

[98] The concept and forms of competition of the causes?

[99] The notion of guilt, its relationship to an unlawful act and the capacity for guilt?

[100] Imagine as a form of guilt?

[101] Negligence as a form of guilt?

[102] An illegal action?

[103] Consent of the injured?

[104] Necessary defense and state of emergency?

[105] Allowed self-help?

[106] Using Your Right and Abuse of Rights?

[107] The notion and significance of the case?

[108] Concept, Characteristics and Significance of More Power?

[109] The fault of the victim?

[110] Agreed exclusion and limitation of liability for damage?

[111] Liability for minors?

[112] Responsibility for mentally ill persons and persons with intellectual disabilities?

[113] Responsibility for assistants?

[114] The responsibility of the company for its employees?

[115] Responsibility of legal entities for their bodies?

[116] The notion of dangerous things and hazardous activities?

[117] Conditions of liability for damage from dangerous things and responsible persons?

[118] The responsibility of the holder and the possessor of dangerous things?

[119] Responsibility of an unlawful holder and a person in the service of a dangerous person?

[120] Responsibility of a person who is not in the service of the holder of a dangerous item?

[121] Circumstances that exclude liability for harm from dangerous things and hazardous activities?

[122] Responsibility in the event of an accident caused by a motor vehicle on the move?

[123] Responsibility for the damage caused by a defective thing?

[124] Responsibility for the damage caused by the animal?

[125] Responsibility for damage caused by the building?

[126] Responsibility for a strike caused by the fall, throwing or spilling of something from the room?

[127] Compulsory insurance of passengers in public transport due to an accident?

[128] Compulsory insurance of users, ie owners of motor vehicles and aircraft for liability for damages to individuals?

[129] Liability for damage by terrorist acts, public demonstrations and manifestations and the responsibility of the event organizer?

[130] Responsibility for denying necessary assistance, and liability in connection with the obligation to conclude a contract?

[131] Liability in connection with the performance of tasks of general interest, and the responsibility of several persons for the same damage?

[132] The notion and objective of compensation for material damage?

[133] Forms of compensation for pecuniary damage?

[134] The time by which the damage is also determined and the determining criterion?

[135] The “new for the old” problem and taking advantage of the damage?

[136] Reasons for reducing the compensation of pecuniary damage?

[137] Compensation of non-pecuniary damage (general view)?

[138] Special restrictions on the financial compensation of non-pecuniary damage?

[139] Compensation for damages caused by bodily injury and damage to person’s health?

[140] Compensation due to death of a person?

[141] Compensation for material damage caused by a breach of honor and the spread of untrue allegations?

[142] The notion and general assumptions of ungrounded enrichment?

[143] Payment of the unpayed?

[144] Payment based on a baseline that did not materialize and given the basis that later dropped out?

[145] Enrichment due to one’s own actions, the actions of the third and outer events?

[146] The fact of ungrounded enrichment?

[147] A lawsuit for ill-founded enrichment (legal nature and relationship to other similar lawsuits?

[148] The notion and conditions of the permitted unmanaged conduct of others’ affairs?

[149] The legal consequences of the permitted unmanaged conduct of others?

[150] Inadmissible and unknowingly doing other people’s affairs?

[151] The term and terms of the public promise of the award?

[152] Revocation and the Effect of the Public Promise of the Prize?

[153] Issuance of securities to the issuer?

[154] Legitimate papers and legitimacy signs?

[155] Contractual penalty?

[156] Concept, Characteristics and Effect of Guarantee?

[157] Quitting and ordering types of guards?

[158] Abandonment?

[159] Down payment?

[160] A bail?

[161] The term and condition of the debtor’s denunciation?

[162] Consequences and termination of debtor’s debt?

[163] The notion and conditions of the creditor’s failure?

[164] Consequences and cessation of creditor’s loss?

[165] Use of Debtor’s Rights?

[166] Fixing Debtor’s Legal Actions?

[167] Right hold?

[168] The term “fulfillment or payment” and the entities of payment?

[169] Place and payback of debt?

[170] Subject of payment and payment of cash obligations?

[171] Calculation and proof of payment?

[172] Depositing and selling debt items?

[173] Concept, Significance and Breaking Conditions?

[174] Ways and effects of bailing out receivables?

[175] Forgiveness of debt?

[176] Novation?

[177] Unification?

[178] The notion and purpose and the time needed for obsolete?

[179] The consequences of obsolescence and discontinuity?

[180] Shared or shared obligations?

[181] Solidarity of the debtor?

[182] Solidarity of creditors?

[183] More debtors and creditors of an indivisible obligation?

[184] Concept, conditions, object and effect of the assignment of receivables?

[185] Special cases of claim transfer?

[186] Delivery of a contract (concept and fact)?

[187] Debt acquisition, accessing someone else’s debt and downloading the fulfillment?

[188] Instructions or assignments?

SPECIAL PART

[189] The concept of a sales contract and its object?

[190] The rights and obligations of the seller and the buyer?

[191] Guarantee for proper functioning of sold items?

[192] Sale with the right to redemption?

[193] Sales with installment payments and prepayment sales?

[194] Purchase based on a trial?

[195] Specification buying and Buying by Sample and Model?

[196] Sale with the right to find a better buyer and sell with the right to resell?

[197] Sales with the right pre-sale?

[198] Sale with ownership right?

[199] Sales order?

[200] Change contract or bill?

[201] The notion, essential characteristics, significance and conditions for the creation of a gift contract?

[202] The fact of the gift contract?

[203] Revocation of gifts?

[204] Type of gift contract?

[205] The notion, characteristics, significance and essential elements of a lease contract?

[206] Lender’s obligations?

[207] Lease obligations?

[208] Dispossession of leased items and sub-purchase contract?

[209] Termination of a lease contract?

[210] Lease agreement?

[211] Concept, characteristics, significance and conditions for the creation of a service contract?

[212] The fact of the service contract?

[213] Concept, characteristics, significance and conditions for the creation of a loan agreement?

[214] The effect of a loan contract and a dedicated loan?

[215] Concept, characteristics, significance and conditions for the creation of an employment contract?

[216] The fact of the contract of work?

[217] Concept, characteristics, significance and conditions for the creation of a power of attorney?

[218] The fact of the power of attorney?

[219] Concept, characteristics, significance and conditions for the creation of a leave contract?

[220] The effect of the legacy contract?

[221] Special cases of the legacy?

[222] Concept, characteristics, significance and conditions of the contract on the partnership?

[223] The fact of the contract on the partnership?

[224] Game contract and betting contract?

[225] Hope Purchase Agreement?

BASIC LATIN THEOREMS AND TERMS OF OBLIGATORY LAW

Ab initio nullum, semper nullum.

Actus interpretandus est potius ut valeat quam ut pereat.

Affirmantis est probare.

Alteri stipulati nemo potest.

Animo vicino nocendi.

Casus sentit dominus.

Consensus facit legem.

Cuius commodum, eius periculum.

Culpa lata  dolo  aequiparatur.

Do ut des.

Dies interpellat pro homine.

Debitor sui ipsius nemo esse potest.

Donatio non praesumitur.

Error iuris nulli prodest.

Est omnis actus aleatorius, in quo fortuna praedominatur.

Et non facere, facere est.

Ex consensu contrahentium stipulationes volent.

Falsa demonstratio non nocet.

Genera non pereunt.

Imposibilium nulla obligatio est.

Iura vigilantibus scripta sunt.

Lata culpa est nimia negligentia, id est non intelligere, quod omnes inteligunt.

Nemo auditur propriam  turpitudinem  allegans.

Nemo plus iuris in alium transferre potest quam ipse habet.

Neque nocere neque prodesse potest.

Obligatio est aliquid dandum vel faciendum vel praestandum.

Pretium succedit loco rei.

Prior tempore potior iure.

Qui  suo  iure  ititur  nominem  laedit.

Qui tacet consentire non videtur.

Verba ligant homines.

Volenti non fit iniuria.

accidentalia negotii

animus obligandi

arrha

beneficiar

bonus pater familias

casus

causa aquirendi

causa solvendi

causa obligandi

causa donandi

cedent

cessionar

cessus

commodatum

compensatio

compensatio lucri cum damno

conditio sine qua non

condictio sine causa

condictio in debiti

condictio ob causa futuram

condictio ob causam finitam

confusio

consensus

contractus bilaterales aequales

creditor

culpa

culpa lata

culpa levis

culpa in contrahendo

damnum emergens

datio in solutum

debitor

depositum

dolus

dolus malus

dominus negotii

donatio

emptio–venditio

essentialia negotii

error in negotio

error in persona

error in corpore

exceptio non adimpleti contractus

facultas alternativa

forma ad probationem

forma ad solemnitatem

inter partes

iuris vinculum

ius retentionis

iustus titulus

laesio enormis

locatio-conductio rei

locatio-conductio operis faciendi

lucrum cessans

mandatum

metus

modus aquirendi

mora debitoris

mora creditoris

mutuum

naturalia negotii

negotiorum gestio

obligatio tantum naturalis

obligatio civiles

obligationes ex contractu

obligationes ex delicto

pactum de contrahendo

pactum de non petendo

post factum

pretium

pretium afektionis

promitent

rebus sic stantibus

restitutio in integrum

stipulant, promisar

stipulatio poenae

societas

vis maior