Chapter 1: Basic Legal Concepts Flashcards
Concept of law definition
A set of general rules that are established to rule society, are mandatory and whose non-compliance results in sanctions imposed by the state.
Law is based on:
- Rational elements
- Socio-economic interests
- Social demands
Law according to Ulpian
Law consists in living honestly, not harming any other and the constant will to give each one what is theirs
Classifications of the law
- Objective law
- Subjective law
Objective law definition
Arranges conduct between persons
Objective law classification
- Public law
- Private law
Public law
Arranges relationship between state and citizen
Private law
Arranges relationship between private persons
Objective law rules must be:
- General
- Mandatory
- Coercive
Subjective law definition
Power that grants a person to act a certain way or claim something from another person
Subjective law classification
- Personal rights
- Patrimonial rights
Personal rights
Related to basic rights and rights related to family
Patrimonial rights
Related to assets
Private law classifications
- Civil law
- Commercial law
- Labour law
Civil law
Law of the person and it’s patrimony
Commercial law
Organization of entrepreneurs and relationships between them
Commercial law classifications
- Company law
- Bankruptcy law
Labour law
Relationship between employees or employers with company
Labour law rights
- Right to choose job
- Right to be adequately remunerated
- Right to not be discriminated
Sources of law
- Acts
- Customs
- General legal principles
Acts classification
- Spanish constitution
- Organic laws
- Ordinary laws
- Decree laws
- Legislative decrees
- Rules
Spanish constitution division
- Dogmatic part
- Organic part
Dogmatic part constiution
- Basic political principles
- Fundamental rights
- Public liberties
Organic part constitution
- Division of powers
- Basic institutions
