4 ms·

Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds. 'Illegal' ~ 'against the law'. What is doing somet

by wjnc 5y ago

Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds. 'Illegal' ~ 'against the law'. What is doing something against the law? Doing something the law states you are not allowed to do. So in practice under continental law (Napoleonic / Germanic) a law states "do X" or "leave Y" and doing the opposite is illegal. Then, if the law states "you must (under good faith) fulfill your contract" and you do not fulfill your contract ... that's illegal. A legally binding contract has the force of law for the signing parties.

samhw 5y ago
> Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds. Of 'inheritance'? What does this mean? Are you trying to apply the rules of OOP to contract law, as if an individual contract were an instance of contract law...?
- hashimotonomora 5y ago
  In civil law countries, a contract is the law between parties.
- wjnc 5y ago
  Yeah I was trying to make an argument the target audience might find persuasive. Inheritance is a nice concept when reasoning about (continental) contracts since a contract is only a contract if and only if it abides by contract law. That's a strict inheritance there. In truth, it's a bit more flexible: a contract could still be a contract if there are illegal provisions in the contract since at first only the illegal provisions will be scrapped by a judge.
  - samhw 5y ago
    > a contract is only a contract if and only if it abides by contract law That's true, but I don't quite see how that makes a contract the law. Someone who doesn't turn up to work isn't doing something illegal by dint of breaking their employment contract. IME, 'illegal' generally refers to breaking the criminal law, whereas I wouldn't say this even breaks civil law, sensu stricto. https://malesculaw.com/is-breach-of-contract-a-tort/ https://malesculaw.com/is-breach-of-contract-a-tort/ Also, there's some casual discussion by lawyers of this exact terminological question here: https://www.quora.com/How-should-a-breach-of-contract-be-qualified-is-it-illegal-is-it-against-the-law https://www.quora.com/How-should-a-breach-of-contract-be-qua...

by wjnc 5y ago

samhw 5y ago

> Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds. Of 'inheritance'? What does this mean? Are you trying to apply the rules of OOP to contract law, as if an individual contract were an instance of contract law...?

hashimotonomora 5y ago
In civil law countries, a contract is the law between parties.
wjnc 5y ago
Yeah I was trying to make an argument the target audience might find persuasive. Inheritance is a nice concept when reasoning about (continental) contracts since a contract is only a contract if and only if it abides by contract law. That's a strict inheritance there. In truth, it's a bit more flexible: a contract could still be a contract if there are illegal provisions in the contract since at first only the illegal provisions will be scrapped by a judge.
- samhw 5y ago
  > a contract is only a contract if and only if it abides by contract law That's true, but I don't quite see how that makes a contract the law. Someone who doesn't turn up to work isn't doing something illegal by dint of breaking their employment contract. IME, 'illegal' generally refers to breaking the criminal law, whereas I wouldn't say this even breaks civil law, sensu stricto. https://malesculaw.com/is-breach-of-contract-a-tort/ https://malesculaw.com/is-breach-of-contract-a-tort/ Also, there's some casual discussion by lawyers of this exact terminological question here: https://www.quora.com/How-should-a-breach-of-contract-be-qualified-is-it-illegal-is-it-against-the-law https://www.quora.com/How-should-a-breach-of-contract-be-qua...