[法学]Private Law.docVIP

Private law General introduction Structure of the course parts?: English legal system: - Introduction of the system in general - Members of the courts - Law making process: how laws are being made in England/judge makes law Criminal law/Business law Revisions How does English law work? 7 concepts: Contract合约 Tort : responsabilité civile Crime: penal Land土地,财产 : foncier/biens Trust信托 : pas d’équivalent EC Law (European Community Law) Public Law and case law判例法: 3 major sources起源 in English law: Common law普通法 : judge make law=case law Legislation法例 : voted by the Parliament (House of Commons下议院 + the House of Lords上议院) EC Law How to recognize them? A case is written like this: Brian Smith v. 50 Cent = v. = and Legislation: Dangerous dogs act (1991) or 1991 act Jurisprudence判例 doesn’t have the same meaning in French and English (philosophy of law) UK Law doesn’t exist: English/Irish/Scotland law is right. English and Welch law are the same. Use of Latin terminology术语 is not as usual as in French law. English law is maybe the most used in the world since London is the biggest financial district in the world. Plus they share it with other countries of the Commonwealth联邦. Part 1 Chapter 1: Introduction to the English legal system I/ the English legal system and the English legal concepts II/ Some basic concepts What is common law? Common law v. Civil law Common law v. Statute法规 Common law v. Equity衡平法 Customs惯例 Vocabulary Common law: term条款 that describes case law (=judged case law). It’s a system of law that was created after the Norman Conquest. Common law was made to replace “local laws”. Equity: many meanings; it’s used in the business environment or in land law, trust… The meaning also depends on the context. The meaning is the following: a system of law. Statute(s): this word is being used to describe an act of the Parliament I/ the English legal system The English legal system as we know began under the Reign of King Henry II (1154-1189). Before that, there