INTRODUCTION TO LAW
Complete study document — Public Law & Private Law
KU Leuven Brussels · BBA
BLUE = PART I — PUBLIC LAW (Belgian professor)
1. General Introduction to the Western Legal System
2. Chapter 1 — Law in the Objective and Subjective Sense
3. Chapter 2 — Key Concepts of Law in the Objective Sense
4. Chapter 3 — The Western Legal System and its Scope
5. Chapter 4 — Historic Roots and Sources of Law
6. Chapter 5 — Legislation and the Separation of Powers
7. The International Level and Treaties
8. Supranational Law: the EU and the Council of Europe
9. The Judicial Branch and the Court System
10. Chapter 7 — Tax Law
GREEN = PART II — PRIVATE LAW (German professor)
1. Introduction — Comparison of Law
2. Contract Law
3. Consumer Protection Law
4. Property Law
5. Law of Torts
6. Private International Law (PIL)
Legend: DEFINITION boxes = every definition; EXAM INFO = exam format; NOTE = flags/caveats on the source
material.
,PART I — PUBLIC LAW
1. General Introduction to the Western Legal System
EXAM INFO Exam is 50/50: one half by the Belgian professor (public law), one half by the German professor
(private law, closed book). Belgian part: a list of ~20 questions / a comparison task — define the concept,
describe the Belgian situation, then compare with your own country X. Compare like with like (executive
with executive, not executive with judiciary). One-page limit, but more relevant information scores more;
the professor knows neighbouring countries well, so research properly. The text of the ECHR + protocols is
on Toledo (read it).
• Focus is the legal system, not precise rules. Law is relative — it differs across countries — but all
systems share common features. There is no handbook; the course focuses on the system and on
current events.
• Law is man-made (by lawyers, judges, legislators). Before the French Revolution people thought law
came from God; all of it can be changed = relativity of law.
• Justice is an ideal we strive for but rarely reach. A judge’s task is to end disputes, not to provide
justice.
DEFINITION Secular law: Law that is not connected with religious or spiritual matters; not a religious
system of law. Throughout the centuries Western law changed from a religious to a secular system.
• Examples of religious law: Sharia, Hindu law, Jewish law. Canon law (Roman Catholic legal system,
Vatican City) is an additional system, not a secondary legal system.
• Law is not about religious beliefs and duties. It is about how society should be organised and how
people should treat one another, regardless of their beliefs.
• Christian influence on Western law (even though it is secular): Ten Commandments (don’t kill, don’t
steal), Sunday rule (Belgian labour law: Sunday work is not allowed unless you are paid extra),
legislation on adultery, marriage law.
2. Chapter 1 — Law in the Objective and Subjective Sense
2.1 What is law?
The word “law” has an etymological origin linked to authorities/the establishment; it is an ambiguous
notion (English distinguishes “law” and “right”).
DEFINITIONLaw in the objective sense (societal phenomenon): The set of general (un)written rules for
the outward behaviour (not thoughts) of people living in a social context, whose observance is
enforced by the government. Working definition: “Objectively, law is the set of mandatory rules for the
outward behaviour of persons that are enforced by the authorities.”
DEFINITIONLaw in the subjective sense (individual point of view): An individual right: a claim that a
person derives from a legal rule; an obligation to do / to give / to abstain from.
• Two sides of the same medal: I have a subjective right because my claim is protected by the law in
the objective sense. Rules on property = objective; my claim to my property on that legal basis =
subjective.
• Behavioural rules do not exist to the detriment of the recipient but for the benefit of others (e.g.
ownership; ban on tortious acts, Art. 1382–1386 Civil Code).
• Practical rule for lawyers: always claim your right based on the right provision — “ask what you want
and add the provision on which you base your claim”. The judge only gives compensation if you show
which article your claim rests on.
2.2 Article 1382 Civil Code (IMPORTANT)
DEFINITIONArt. 1382 C.C.: “Any act whatever of man, which causes damage to another, obliges the one
by whose fault it occurred, to compensate it.”
Introduction to Law · page 2
,PART I — PUBLIC LAW
The claimant must prove all three components to get damages: (1) fault / tortious act, (2) loss /
detriment, (3) causality.
Component 1 — Fault / tortious act
Component Content
Objective = the act Breach of a specific rule, or breach of the general duty of care (people should
act diligently). Criterion: bonus pater familias (what would a careful, loving
parent do?). Behaviour less diligent than the ideal = wrong. Competition
behaviour that constantly damages others is still allowed in capitalism.
Subjective = tortious nature of Mental capacity (mentally disturbed persons: Art. 1386 bis C.C.: compensation
the act by a mentally incapable person) and age ((power of) discernment).
Example: A four-year-old shoots a family member: there is a victim, loss, and shooting is illegal — but can
a 4-year-old be held accountable? This is the subjective component (discernment).
Component 2 — Loss / detriment
• Both material and moral loss can be compensated (physical damage, hospital bills, mental
damage/trauma).
• Loss must be appraisable in money: prejudice to someone’s interests that causes a loss appraisable
in money.
• Breach of a right is neither necessary nor sufficient — the Court of Cassation rejected the right-
based theory in 1939; a mere interest suffices.
Example: A nun working in a school gives all her income to the monastery and is killed by a truck. The head
of the monastery claims the lost income. The other side argues she gave it away, so no loss. The Supreme
Court decided that a mere interest is enough to claim.
Component 3 — Causality
• Question: would there be a loss without the tortious act? If it would not have happened the same
way, there is a causal relationship and you are liable (the size of the cause does not matter — minor
tortious acts can cause vast damage).
• Theory of equivalent causes (conditio sine qua non) vs theory of adequate cause. Lawyers look for
other parties that might be liable. The condition of the victim is irrelevant; law is not about absolute
truth.
• Importance of insurance as a means of compensation. If the person who caused the damage cannot
compensate and there is no one else, the state steps in.
Example: A teacher walks down stairs reading e-mail with coffee in hand, bumps into a student who falls;
at the hospital the student gets an infection and loses a hand. Did the teacher cause the loss of the hand?
A lawyer weighs many factors (virus, stairs, phone…).
Essence of Art. 1382
• The provision contains 2 objective rules: (1) ban on causing loss to others through tortious acts; (2)
duty to compensate for the loss → subjective right to compensation/damages.
2.3 Two types of litigation
Type What it is
Subjective You claim your subjective right (e.g. compensation) based on a provision: do the rules
apply to my case? Court applies the legislation. You must explain the three components of
Art. 1382.
Objective You challenge the law itself: is the legislation constitutional / in breach of a higher norm? If
so, it is annulled. Handled by courts that decide whether legislation is fair/valid, not how
much compensation you get.
Introduction to Law · page 3
, PART I — PUBLIC LAW
2.4 The law in the objective sense — decisive features
Feature 1 — Law is about mandatory rules (obligations and prohibitions)
Behaviour that can deviate, but shouldn’t. Rules oblige to achieve a certain result or impose a duty of
care.
Strict liability (obligation of result) Duty of care (obligation of means)
Meaning Promise to achieve the desired result; if not No guarantee of result; you must do your
achieved you are automatically liable best, acting diligently (criterion: bonus pater
familias)
Burden of proof Fault of debtor is assumed if result not Creditor must prove negligence
achieved
Example Painter must paint your house; pay €1,000 in Doctor diagnosing cancer cannot guarantee
January; taxes; speed limits. Escape only via you live; lawyers; Art. 1382 itself (still a
force majeure margin to argue “it could have happened to
anyone”)
• How to tell them apart (case law): Is the result uncertain — will diligence automatically lead to the
result? Is the creditor actively involved? Did the creditor accept any risk?
• Contract law works like state legislation: parties impose binding rules on each other; contractual
obligations can also be result-obligations or duty-of-care obligations.
Feature 2 — Legal rules concern outward human behaviour
• Not unexpressed thoughts/ideas/wishes (you can think about killing without being prosecuted; doing
it is another matter). Not animals/objects (you cannot sue an animal). Law is not morality.
Feature 3 — Legal rules are general and impersonal
• Reason: legal certainty (ban on arbitrariness); unlimited scope of the rule and unlimited number of
applications.
• Individual decisions (addressed to you personally, e.g. licence to serve alcohol, passport) differ from
rules; they are challenged/annulled via different procedures. Court decisions can be challenged but
are not individual decisions.
Feature 4 — Legal rules are enforced by the authorities
Sanctions are typical for any rule, but only legal rules are enforced by public authorities:
Type of rule Sanction
Moral rule Moral dilemma / bad conscience (e.g. promising your mum not to do something and
doing it)
Religious rule Consequences in the hereafter
Social convention General disapproval, social rejection (e.g. the university tells you not to eat in the
aula)
Legal rule Enforced by authorities: court system, bailiff, police, prison (also tax inspectors,
customs, immigration officers, judges)
2.5 Enforcement of legal rules
DEFINITION Ban on self-enforcement: Public authorities have the monopoly on coercion. They deliver an
enforceable title (official acknowledgement of your claim); this is the “privilège du préalable”. Taking
justice into your own hands is not allowed.
• Step 1 — Do I have a subjective right? (based on an objective rule) = work of the courts (courts of
acknowledgement). Go to court, show your claim rests on the applicable rule.
Introduction to Law · page 4
Complete study document — Public Law & Private Law
KU Leuven Brussels · BBA
BLUE = PART I — PUBLIC LAW (Belgian professor)
1. General Introduction to the Western Legal System
2. Chapter 1 — Law in the Objective and Subjective Sense
3. Chapter 2 — Key Concepts of Law in the Objective Sense
4. Chapter 3 — The Western Legal System and its Scope
5. Chapter 4 — Historic Roots and Sources of Law
6. Chapter 5 — Legislation and the Separation of Powers
7. The International Level and Treaties
8. Supranational Law: the EU and the Council of Europe
9. The Judicial Branch and the Court System
10. Chapter 7 — Tax Law
GREEN = PART II — PRIVATE LAW (German professor)
1. Introduction — Comparison of Law
2. Contract Law
3. Consumer Protection Law
4. Property Law
5. Law of Torts
6. Private International Law (PIL)
Legend: DEFINITION boxes = every definition; EXAM INFO = exam format; NOTE = flags/caveats on the source
material.
,PART I — PUBLIC LAW
1. General Introduction to the Western Legal System
EXAM INFO Exam is 50/50: one half by the Belgian professor (public law), one half by the German professor
(private law, closed book). Belgian part: a list of ~20 questions / a comparison task — define the concept,
describe the Belgian situation, then compare with your own country X. Compare like with like (executive
with executive, not executive with judiciary). One-page limit, but more relevant information scores more;
the professor knows neighbouring countries well, so research properly. The text of the ECHR + protocols is
on Toledo (read it).
• Focus is the legal system, not precise rules. Law is relative — it differs across countries — but all
systems share common features. There is no handbook; the course focuses on the system and on
current events.
• Law is man-made (by lawyers, judges, legislators). Before the French Revolution people thought law
came from God; all of it can be changed = relativity of law.
• Justice is an ideal we strive for but rarely reach. A judge’s task is to end disputes, not to provide
justice.
DEFINITION Secular law: Law that is not connected with religious or spiritual matters; not a religious
system of law. Throughout the centuries Western law changed from a religious to a secular system.
• Examples of religious law: Sharia, Hindu law, Jewish law. Canon law (Roman Catholic legal system,
Vatican City) is an additional system, not a secondary legal system.
• Law is not about religious beliefs and duties. It is about how society should be organised and how
people should treat one another, regardless of their beliefs.
• Christian influence on Western law (even though it is secular): Ten Commandments (don’t kill, don’t
steal), Sunday rule (Belgian labour law: Sunday work is not allowed unless you are paid extra),
legislation on adultery, marriage law.
2. Chapter 1 — Law in the Objective and Subjective Sense
2.1 What is law?
The word “law” has an etymological origin linked to authorities/the establishment; it is an ambiguous
notion (English distinguishes “law” and “right”).
DEFINITIONLaw in the objective sense (societal phenomenon): The set of general (un)written rules for
the outward behaviour (not thoughts) of people living in a social context, whose observance is
enforced by the government. Working definition: “Objectively, law is the set of mandatory rules for the
outward behaviour of persons that are enforced by the authorities.”
DEFINITIONLaw in the subjective sense (individual point of view): An individual right: a claim that a
person derives from a legal rule; an obligation to do / to give / to abstain from.
• Two sides of the same medal: I have a subjective right because my claim is protected by the law in
the objective sense. Rules on property = objective; my claim to my property on that legal basis =
subjective.
• Behavioural rules do not exist to the detriment of the recipient but for the benefit of others (e.g.
ownership; ban on tortious acts, Art. 1382–1386 Civil Code).
• Practical rule for lawyers: always claim your right based on the right provision — “ask what you want
and add the provision on which you base your claim”. The judge only gives compensation if you show
which article your claim rests on.
2.2 Article 1382 Civil Code (IMPORTANT)
DEFINITIONArt. 1382 C.C.: “Any act whatever of man, which causes damage to another, obliges the one
by whose fault it occurred, to compensate it.”
Introduction to Law · page 2
,PART I — PUBLIC LAW
The claimant must prove all three components to get damages: (1) fault / tortious act, (2) loss /
detriment, (3) causality.
Component 1 — Fault / tortious act
Component Content
Objective = the act Breach of a specific rule, or breach of the general duty of care (people should
act diligently). Criterion: bonus pater familias (what would a careful, loving
parent do?). Behaviour less diligent than the ideal = wrong. Competition
behaviour that constantly damages others is still allowed in capitalism.
Subjective = tortious nature of Mental capacity (mentally disturbed persons: Art. 1386 bis C.C.: compensation
the act by a mentally incapable person) and age ((power of) discernment).
Example: A four-year-old shoots a family member: there is a victim, loss, and shooting is illegal — but can
a 4-year-old be held accountable? This is the subjective component (discernment).
Component 2 — Loss / detriment
• Both material and moral loss can be compensated (physical damage, hospital bills, mental
damage/trauma).
• Loss must be appraisable in money: prejudice to someone’s interests that causes a loss appraisable
in money.
• Breach of a right is neither necessary nor sufficient — the Court of Cassation rejected the right-
based theory in 1939; a mere interest suffices.
Example: A nun working in a school gives all her income to the monastery and is killed by a truck. The head
of the monastery claims the lost income. The other side argues she gave it away, so no loss. The Supreme
Court decided that a mere interest is enough to claim.
Component 3 — Causality
• Question: would there be a loss without the tortious act? If it would not have happened the same
way, there is a causal relationship and you are liable (the size of the cause does not matter — minor
tortious acts can cause vast damage).
• Theory of equivalent causes (conditio sine qua non) vs theory of adequate cause. Lawyers look for
other parties that might be liable. The condition of the victim is irrelevant; law is not about absolute
truth.
• Importance of insurance as a means of compensation. If the person who caused the damage cannot
compensate and there is no one else, the state steps in.
Example: A teacher walks down stairs reading e-mail with coffee in hand, bumps into a student who falls;
at the hospital the student gets an infection and loses a hand. Did the teacher cause the loss of the hand?
A lawyer weighs many factors (virus, stairs, phone…).
Essence of Art. 1382
• The provision contains 2 objective rules: (1) ban on causing loss to others through tortious acts; (2)
duty to compensate for the loss → subjective right to compensation/damages.
2.3 Two types of litigation
Type What it is
Subjective You claim your subjective right (e.g. compensation) based on a provision: do the rules
apply to my case? Court applies the legislation. You must explain the three components of
Art. 1382.
Objective You challenge the law itself: is the legislation constitutional / in breach of a higher norm? If
so, it is annulled. Handled by courts that decide whether legislation is fair/valid, not how
much compensation you get.
Introduction to Law · page 3
, PART I — PUBLIC LAW
2.4 The law in the objective sense — decisive features
Feature 1 — Law is about mandatory rules (obligations and prohibitions)
Behaviour that can deviate, but shouldn’t. Rules oblige to achieve a certain result or impose a duty of
care.
Strict liability (obligation of result) Duty of care (obligation of means)
Meaning Promise to achieve the desired result; if not No guarantee of result; you must do your
achieved you are automatically liable best, acting diligently (criterion: bonus pater
familias)
Burden of proof Fault of debtor is assumed if result not Creditor must prove negligence
achieved
Example Painter must paint your house; pay €1,000 in Doctor diagnosing cancer cannot guarantee
January; taxes; speed limits. Escape only via you live; lawyers; Art. 1382 itself (still a
force majeure margin to argue “it could have happened to
anyone”)
• How to tell them apart (case law): Is the result uncertain — will diligence automatically lead to the
result? Is the creditor actively involved? Did the creditor accept any risk?
• Contract law works like state legislation: parties impose binding rules on each other; contractual
obligations can also be result-obligations or duty-of-care obligations.
Feature 2 — Legal rules concern outward human behaviour
• Not unexpressed thoughts/ideas/wishes (you can think about killing without being prosecuted; doing
it is another matter). Not animals/objects (you cannot sue an animal). Law is not morality.
Feature 3 — Legal rules are general and impersonal
• Reason: legal certainty (ban on arbitrariness); unlimited scope of the rule and unlimited number of
applications.
• Individual decisions (addressed to you personally, e.g. licence to serve alcohol, passport) differ from
rules; they are challenged/annulled via different procedures. Court decisions can be challenged but
are not individual decisions.
Feature 4 — Legal rules are enforced by the authorities
Sanctions are typical for any rule, but only legal rules are enforced by public authorities:
Type of rule Sanction
Moral rule Moral dilemma / bad conscience (e.g. promising your mum not to do something and
doing it)
Religious rule Consequences in the hereafter
Social convention General disapproval, social rejection (e.g. the university tells you not to eat in the
aula)
Legal rule Enforced by authorities: court system, bailiff, police, prison (also tax inspectors,
customs, immigration officers, judges)
2.5 Enforcement of legal rules
DEFINITION Ban on self-enforcement: Public authorities have the monopoly on coercion. They deliver an
enforceable title (official acknowledgement of your claim); this is the “privilège du préalable”. Taking
justice into your own hands is not allowed.
• Step 1 — Do I have a subjective right? (based on an objective rule) = work of the courts (courts of
acknowledgement). Go to court, show your claim rests on the applicable rule.
Introduction to Law · page 4
