Introduction to Law Summary

Introduction to law
Prof. Dorothy Gruyaert

Table of Contents
Law in general...................................................................................................................2
Private law.........................................................................................................................6
Tort law........................................................................................................................................6
Contract law.................................................................................................................................9
Property law...............................................................................................................................13
Public law........................................................................................................................17
Constitutional law......................................................................................................................17
Administrative law.....................................................................................................................22
Criminal law................................................................................................................................24
International law........................................................................................................................28
European law..............................................................................................................................33
The European Convention on Human Rights & the European Court of Human Rights........36




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,Law in general
Western secular (church & state are separate; vs. Laicism) system

1. Sources of law

Trias politica:
- Legislative (parliament)
- Executive (government)
- Judicial (court)


How does a legal system come about?:
- Legal rules (legislations)
o Legislative + executive
o Sorts of rules:
 How people should behave (e.g. Do not steal)
 Definitions of terms (e.g. Defining racial discrimination)
 Creating competencies (e.g. Competency for the Secretary-General of
UN)
o Enforced by collective means/organs of the State
o Have sanctions
- Court decisions
o Judicial
- Customary law
o Goes back to roman law, guidelines for behavior that have grown
spontaneously; becomes binding after some time; not easily to distinguish
from moral rules
o e.g. hunting: 1st tribe always goes to leader  becomes a custom and
eventually a rule)
o Replaced in time by legislation or case law
o Binding but unwritten


 Positive law:
o Law is applicable and enforceable at a given time (created by means of
legislation or judicial decisions)
o Offer legal certainty: (Dura lex, sed lex “the law is harsh, but it is the law”)
 About the content of the law
 That the law will be enforced


2

,  That the law will be applied consistently
 Bring about and maintain the existing state of the world
 BUT, law evolves (Legal barriers: every legal system does provide the
tools to change something, e.g. Belgium, 1948: Women got the right to vote)


o Binding (e.g. from Jan ’22 every non-residential building must be renovated
within 5y)


- Legal writing
o Authorative: writing opinions about new legislation; case notes & make sure
that there is a difference
o Not binding
o e.g. court of cassation makes a decision & writing a case note about the
decision to (preferably) make a change)


 Interpretation of law: law is authorative, but not applicable (not yet applicable, but does
have value; e.g. from Feb’ 23 residential single homes will have to comply with certain
mandatory requirements)


Different jurisdictions:
Common law: it has already been done & this was how we coped with it
Civil law: legal system based on the rediscovery and reception of roman law; they start from
a rule/law and look at the legislation

2. General features of the law

Law:
- Legal rules are enforced by collective means/organs of the State
- About:
o Behaviour
o Definitions
o Division of state competences (structure of society)
o …
- Not:
o Moral rules, natural law, …
o Animals & objects excluded
o Inward behaviour (only outward)



3

, Objective v subjective law:
- Objective: Law as a societal phenomenon
o General rules for outward behavior of people
o Enforced by state
o E.g. civil code, constitution
- Subjective: Law from an individual perspective
o Each claim that a person derives from a legal rule
o E.g. obligation to pay the rent


Example: Something falls on the parcel of the neighbour, he must give it back, you can also
go to court and claim back the ball (make sure you have subjective right)

3. Legal actors and their right

Natural person:
- Living human being (protected by the rights that are assigned to them)
- Have subjective rights (that come from objective law) – protected by law (=
fundamental idea and prerequisite when going to civil courts – law grant me a right,
so I claim my right based on the law)
Legal person:
- Organizations that have received the status of legal subjects; have rights and
obligations
- Can go to court


State as a subject of law?
- State reoresebts and defends general interest
- Can therefore have:
o Certain prerogatives (has certain privilegs, e.g. they can take land to build
new train rails)
o Certain obligations (e.g. public procurement)
- State is suable (e.g. when a road is causing damage, tree fell and crushed cars 
state as of now can be sued for this, and could owe a compensation)




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