Questions and answers for private law Chapter one and Chapter two

Questions and answers for private law

                                  Chapter one         

Lecturer: Professor Ahmed Farah

Faculty: faculty of law (batch two)

Waxaa diyaa riyay c/risaaq xaaji cumar ibraahim

1)            what are the major legal system in the world?

ü The major legal system in the world is: a) common law system b) civil law system c) religious system d) pluralistic system.

2)            define the fallowing legal terms: a)customary law b) law c)constitution d)possession e)interpretation of law f) society ?

ü Customary law: is the established pattern of behavior that can be objectively verified within particular social setting.

ü Law: is a system of rules that are enforced through social institutions to govern the behavior.

ü Constitution: is a set of fundamental ground rules which sets out the powers of the different branches of government (executive, legislative, and judicial) and how that entities operate and interrelate and also sets out the basic principles such as fundamental freedoms and rights.

ü Possession: is the de facto situation in which conduct in relation to a thing corresponds to exercise of right of ownership or chose in action.

ü Interpretation of law: is the rational activity that gives meaning to a legal text.

ü Society: is a group of people with common territory, interaction and culture.

3)            What is the difference between public and private laws? And tell their main branches.

ü Public law: is a set of rules that concerns the relationship between a persons and society and for the roles of different levels of government. And its main branches are:

§  Criminal law

§  Constitutional law

§  Administrative law  and etc

ü Private law: deals with the relationships between people. And its main branches are :

§  Contract law

§  Property law

§  Rights and duties of family members

§  Damage to someone or to their property caused by others and so on.

4)             What are the major sources of private law in Somalia?

ü The major sources of Somali private law:

§  Sharia

§  Federal Constitution

§   Legislative passed by the parliament

§  Customary law

§  International treaties

§  Other sources.

5)            write short note law making process in Somalia?

ü Legislative proposals are brought before the parliament in a form of draft, when the draft passed by the parliament and assented by the president of the republic becomes a law passed by the parliament, a bill can be introduced by minister or a member of parliamentarians and president can assent or withhold or can return a draft as recommendation to the legislative assembly and then is published in the official  bulletin at that become law from the date of his assent or 15 days after publication on the official bulletin.

6)            What are the classifications of interpretation?

Classifications of interpretation are three types:

§  According to subject

§  According to method

§  According to extent

7)            what is the role of judge in private relations?

ü The role of judge is to apply the law to resolve conflict.

8)            Write brief note the parts in the legal relations?

ü A party is someone who takes part or participates in an agreement or other legal relationship and third party is someone outside the agreement or other legal relations.

9)            How can acquire and loss rights?

You can acquire rights through:

§  Originating title and

§  Derived title

And it can be loss through:

§  Transfer

§  Limitation and

§  Other causes

10)    What are the conditions must be satisfied before title of right been transferred?

ü The conditions is needed before title of right been transferred are three aspects:

§  The possessor must be the effective title holder

§  There must be purpose to transfer

§   The title must be both sufficient and valid.

11)    What is the different between possession and ownership of rights?

ü The difference between possession and ownership of rights are: is that the  possession is de facto situation in which conduct is relation to a thing corresponds to exercise of rights of ownership.

ü While ownership of rights is de dejure relationship with the property that unlike possession does not include the exercise of owner rights over it.

12)    Tell the hierarchy of Somali legal system?

ü The hierarchy of Somali legal system are four types:

§    Share a law

§    Constitutional law 

§    Customary law

13)    What is the difference between property rights and chose in action?

ü Property rights are attached to tangible things

ü Where as chose in action: are attached to a form of compliance which another person for example obligor and obligee.

14)    Why the societies need the existence of law?

§  To regulate the behavior of human beings

§  To maintain the discipline

§  To impose restrictions on some freedoms .

15)    What is the difference between common law and civil law systems?

ü Common laws: are laws which are unwritten and used by Angelo Saxon (American) and it referred to decisions taken by the courts(case law or judge based law) or judicial precedent

ü Whereas civil law are part of law which are written laws and mainly used by BRITISH government and their colonized countries on the world.

Chapter two

  1) What is meant by legal capacity?

Ø Legal capacity eligibility to have rights and duties and it can apply to natural and in corporate person.

2) What is difference between legal capacity and capacity to exercise rights?

Ø Legal capacity can apply to natural person and corporate persons and eligibility to have rights and duties .

Ø While capacity to exercise rights is capacity to perform acts and the power to perform valid legal acts and transactions.

3)what is the difference between physical person and artificial person ?

Ø Physical person / natural person is human being who is recognized as person by law as reason of his characterize .

Ø While artificial person is an obstruction of law often described as juristic person and usually has a distinct legal existence separate from its members .

4)define the incapacity and describes the types of incapacity .

Ø Natural incapacity refers to an individual’s inability to forma will or intention and it can happen as mental illness, hypnotic suggestion, outburst of anger, intense which can cause  a mental disturbance that removes the ability to form a will or intention .

5)how can be legal capacity be acquired and loss ?

Ø Legal capacity Is acquired at birth , the event with which life out side the womb begins and must capable of breathing at least for a moment

Ø while legal capacity ends with physical death , sanctions imposed through bankruptcy , with intention of loss political rights and this is known as civil death .

6)why the residence and domicile are legally important for natural and artificial persons ?

Ø It is important to establish legally where a natural person works and resides with his family.

Ø Many official documents need to be delivered to persons domicile and is the place where a person takes care of his affairs and interests . 

7)what are types of disqualifications ?

Ø Disqualifications can be either natural or legal .

8)what are the five fundamental rights that provisional constitution guaranteed ?

Ø Freedom of speech , freedom of association , freedom of domicile , freedom of assembly , freedom of correspondence .

9)explain the acquisition and loss of somali citizenship ?

Ø Somali citizenship can be acquired by operation of law and by grant

Ø While it can loss, the decree grant citizenship has been obtained with fraud , false representation or the concealment of any material fact  .

Ø If the person has been sentenced to imprisonment for a term not less than five years and so on .

10)art.52 of Somali civil code defines some bodies and entities which have special status . what are those bodies and entities ?

Ø bodies and entities can have special status and they are: the state , regions province , and autonomous   service providers .

11)what is the difference between association and foundations ?

Ø The difference between association and foundation is that the must important feature of an association is the personal element such as cultural association where many teachers work and administration is can concerned with the pupils .

Ø Where as in foundation is property element is predominant for example funds dedicated to cure sick people and hospital care .

12)what is the difference between recognized and non-recognized association ?

Ø Recognized association those who have legal entities person , legal personality with privilege of proprietary autonomy .

Ø While recognized association are those who do not have legal personality have not been recognized as autonomous entities .

13) what are essential elements must be included the constituting instrument and chatter of association?

It must include the name of the body ,its  objectives , details of its property, the address of its main office,  rules of constitutional and administrative nature

14)what are the powers of member’s meating of an association ?

Approves the budget, instructs the administrators to take responsibility for carrying out various actions, modify constituting instrument and charter , decide that the association be dissolved .

15)the decisions taken by the member’s meeting of an association can be annulled . Why and when?

The decisions can be annulled if they are contrary to law, or to the constituting instrument and charter. And can be rendered on application made to the court by the bodies’ organs (directors , chairman ) , public prosecutor , or a third person who acquired from dealing with the association .