Understanding Roman Law and Legal Theory: Key Concepts
Roman Law: Core Principles
The concept of legal obligation is a relationship where one party, the debtor, must observe a behavior or provision (doing or not doing) in the interest of another party, the creditor.
The object of the obligation is to give, do, or perform a specific behavior.
A source of obligation is the fact, act, or legal provision that gives rise to obligations.
The foundation of quasi-contracts lies in the principle that no one should enrich themselves without cause or harm to another.
An offense constitutes acts or omissions such as fraud or malice.
An unlawful act is running a fact where there is only reckless blame the perpetrator.
The word crime derives from the Latin “delinquere.”
Under Roman law, a contract is a convention with a special name or, failing that, a civil case with mandatory sanctions.
Examples of contracts in good faith include sale, pledge, and deposit.
Within the heritage of Roman law, the goal was to spread the wealth of the cuyus or paterfamilias to persons under his direct authority.
Retroactivity is the efficacy recognized under the law that may affect events, actions, or legal situations occurring or created before the initiation of force.
Article 14 of our Constitution prohibits any law from having retroactive effect to the detriment of any person.
Irretroactivity is a legal principle that prevents the application of a law to acts or events occurring before its commencement.
A legal antinomy is a contradiction or opposition between two legal norms.
Object-wing legal technique involves studying the problems that arise in connection with law enforcement.
Theory of Law: Fundamental Concepts
The scientific method is a set of steps determined in advance by a discipline to achieve valid knowledge through reliable instruments.
The word epistemology comes from the Greek words episteme (knowledge) and logos (theory).
Epistemology is the branch of philosophy dealing with philosophical problems surrounding the theory of knowledge.
Fundamental legal concepts, as defined by Maynez Garcia, are essential or irreducible categories without which it would be impossible to understand any legal order.
The purpose of the technical case seeks the orderly and consistent exposition of legal precepts that have been in force at a time or place and the study of problems concerning their interpretation and application.
Legal standards are usually classified according to Garcia Maynez by:
- The system to which they belong
- Their source
- Their sphere of validity
- Their temporal scope of validity
- Their material sphere of validity
- Their personal sphere of validity
- Their large hierarchy, sanctions, and quality
From the point of view of their sphere of validity, juridical standards are classified as federal and local authorities, and these are subdivided into state and municipal.
From the point of view of the personal sphere of validity, rules are classified as generic or individualized.
Abrogation is the abolition of a law, which can be expressed and formulated.
Derogation is the partial deprivation of the validity of a law.
Required elements: subject, object, and cause.
A source of obligations consists of the acceptance of a voluntary act by the person who undertakes and produces obligations, quasi-contracts.
A trust is an individual commercial transaction by certain assets intended to carry out a lawful order given to an institution entrusted with this.
A trust can be constituted by inter vivos (between living persons) or testamentary (by will).
In the beginning, the legal link on the right was personal.