Introduction to law
(12/02/2020)
Part 1: General introduction to the Western legal
system
The legal system -> legal system= country based
Belgian law =/ French law
Canon law= catholic
Chapter 1: How rights and the law go together
Distinction between law & rights
Law as a societal phenomenon
Law from an individual point of view
Two sides of the same phenomenon
The law and your rights are intrinsically linked
Criminal law is about punishing the people that aren’t obeying the rules
is about punishing and harming others
A criminal fall: you pay the government
Civil procedure; the victim receives something bcs you owe him/her
Article 1382 Belgian Civil code
When will the judge award your compensation
= when you have suffered from a loss/ when you have damage
-> someone/ something who caused the damage
-> what you want (I want a million dollars)
FAULT
Tortious act= any act that is not okay, that causes trouble
When is an act tortious? (tortious = not okay)
LOSS
CAUSALITY
Claimant has to prove all 3 components in order to be entitled to compensation:
Fault
o Objective component (the act)
= An act is not tortious, if you not realize what you were doing
Normal, average person
o Subjective component (tortious nature of the act)
Loss/ detriment/ damage
o Example of a car accident
o Loss of some clothes -> is easy!
o Material loss= Loss of a laptop (essay on it, was busy with it for 3 weeks, so
you lost 3 weeks -> financial loss = income loss)
o Physical loss= Loss of a leg -> not easy
(12/02/2020)
Part 1: General introduction to the Western legal
system
The legal system -> legal system= country based
Belgian law =/ French law
Canon law= catholic
Chapter 1: How rights and the law go together
Distinction between law & rights
Law as a societal phenomenon
Law from an individual point of view
Two sides of the same phenomenon
The law and your rights are intrinsically linked
Criminal law is about punishing the people that aren’t obeying the rules
is about punishing and harming others
A criminal fall: you pay the government
Civil procedure; the victim receives something bcs you owe him/her
Article 1382 Belgian Civil code
When will the judge award your compensation
= when you have suffered from a loss/ when you have damage
-> someone/ something who caused the damage
-> what you want (I want a million dollars)
FAULT
Tortious act= any act that is not okay, that causes trouble
When is an act tortious? (tortious = not okay)
LOSS
CAUSALITY
Claimant has to prove all 3 components in order to be entitled to compensation:
Fault
o Objective component (the act)
= An act is not tortious, if you not realize what you were doing
Normal, average person
o Subjective component (tortious nature of the act)
Loss/ detriment/ damage
o Example of a car accident
o Loss of some clothes -> is easy!
o Material loss= Loss of a laptop (essay on it, was busy with it for 3 weeks, so
you lost 3 weeks -> financial loss = income loss)
o Physical loss= Loss of a leg -> not easy
