Understanding Legal Norms, Law Enforcement, and the Legal System
Regulatory Power and Law Enforcement
Regulatory power: The executive and other authorities issue legal norms to fulfill their functions. Regulatory power of implementation: To implement the laws. Regulatory power autonomous: To regulate matters outside the legal domain.
Law Enforcement Process
The process of law enforcement consists of:
Interpretation
- Formalist Criterion
- Historic Criterion
- Intentional Criterion
- Teleological Criterion
- Ideological Criterion
- Free Criterion
Integration
The procedure followed by performers, especially judges, to find solutions to cases with gaps or loopholes.
Legal Analogy
Applying the law provided for one case to a similar case, ensuring justice.
Antinomies or Contest Rules
Solutions for cases with conflicting rules of the same rank and level of validity. The judge must choose one to resolve the dispute.
Criteria for Solving Contest Rules
- Specialty Criterion: The special rule prevails over the general.
- Chronological Order: The newest rule prevails over the oldest.
- In Equal Antiquity: The rule more in keeping with the spirit of general law and natural equity prevails.
Formation Process of Law
The formation process of law includes:
- Initiative
- Discussion
- Approval
- Punishment
- Promulgation
- Publication
Decree-Law (DFL)
A decree issued by the President on a matter of law, under an award granted by Congress. The Comptroller General of the Republic can reject DFLs contrary to the CPR.
Legal System and Acts
Legal System: A unitary, full, coherent, hierarchical, dynamic, and self-regulatory system of rules, pursuing a particular purpose and equipped with a degree of effectiveness.
Legal Done: Any event that, under imputation rules, creates, modifies, or terminates a legal duty.
Unilateral Legal Acts: Acts requiring the expression of will of one party.
Bilateral Legal Acts: Acts requiring the agreement of two or more parties.
Stamp Duty and Family Heritage
Stamp duty refers to an individual’s position within a group, while family heritage concerns economic family matters. Both are pecuniary rights capable of economic evaluation.
Legal Acts: Consideration and Free of Charge
Acts of Consideration: Each party receives a benefit in return for what they provide to the other party.
Acts Free of Charge: One party seeks an advantage for the other without receiving any equivalent.
Legal Instruments
Typical or Named Legal Instruments: Those set by law with structured characters (e.g., marriage, wills, sales).
Atypical or Unnamed Legal Instruments: Those not set by law, arising from individual creation (e.g., book publishing contracts).