The branches of law
The difference between objective law and subjective rights, the line between public and private law, the main branches, property and non-property rights and the two kinds of persons.
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Subjective right: what is it?
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A prerogative granted to a person by legal rules, such as owning a thing or demanding payment of a sum due.
Not to be confused with objective law, which is the body of rules. Objective law says a buyer may demand delivery; the subjective right is that particular buyer's claim.
Which of these phrases refers to a subjective right?
- Léa's right to be paid by her client
- The Civil Code's rules on sale
- All the statutes applying to employees
- The rule that forbids theft
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Léa's right to be paid by her client
A subjective right belongs to a specific person (Léa, against her client). The other three phrases refer to general rules: objective law.
… law is the body of rules in force; a … right is a prerogative those rules recognise in a person.
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Objective law is the body of rules in force; a subjective right is a prerogative those rules recognise in a person.
The Civil Code is objective law; my ownership of my computer is a subjective right founded on it.
Public law: what is it?
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The rules that organise the State and local authorities and govern their dealings with individuals, where the public authority acts with special powers.
It includes constitutional, administrative and tax law: the administration can impose a decision without the consent of the person concerned.
An employee leaves with his employer's customer file and sells it. Which branches of law are involved?
- Criminal law and labour law
- Administrative law and tax law
- Constitutional law and criminal law
- Labour law alone, since it concerns an employee
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Criminal law and labour law
Taking the file may be an offence (criminal law) and a fault justifying the end of the contract (labour law). That the person is an employee does not rule out criminal law.