claim

• https://en.wikipedia.org/wiki/Cause_of_action

claim - I used to think, "Credits? Something to do with debt, right?" I used to think - I wasn't familiar with the term "Claims Act" and wondered why you recommended the [Starting Line Claims Act](/en/Starting%20Line%20Claims%20Act), but I see, the Claims Act is indeed recommended. - Explanation of default values to be used if not specified in the contract, like default arguments in a library. - An optional provision in civil law is, in essence, a default value - It can be overridden by an agreement between the parties. - Claims may be overridden by agreement between the parties by [the principle of freedom of contract

civil code

• general rules
• (legal) real rights
• claim
• relatives
• inheritance

Classification of rights

• right
  • (legal) real rights
    • A person's direct control over "things"
    • Example: Ownership
    • My ownership over "my phone" means that I can claim "this is mine" to everyone else.
    • It is a very strong right and cannot be created without permission.
      • (doctrine of) the legal right to own property
  • claim
    • The right of a specific person to claim certain acts, etc., against a specific person.
    • Four causes of occurrence
      • contract
      • tort
      • And then there's office management and unjust enrichment.
    • Weak rights because they are only effective between the parties
      • Can only affect (oppose) third parties that are not between the parties when the requirements are met.
      • Countervailing requirement - Wikipedia
      • For example, suppose Mr. A, the owner of the patent, made a contract with Mr. B saying "You can use my patent" (a non-exclusive license), and then Mr. A's company was about to go bankrupt and he sold the patent right to Mr. C. Mr. C can claim against Mr. B, "Hey, don't use my patent without my permission. Mr. B may argue, "Well, Mr. A said you can use it," but Mr. C says, "I don't know about that," because the contract is only between the parties.
      • This is too pitiful, so the patent law has been patched.

      • (Countervailing power of non-exclusive license)

      • Article 99 A non-exclusive license shall also be effective against any person who has acquired the patent right or exclusive license or an exclusive license to the patent right after its accrual.

    • They can make it on their own.
      • principle of freedom of contract
      • free creation of claims

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