Operational rules are mostly illustrative or regulatory, and it does not depend on the validity or otherwise of an act or contract. These are rules that do not bind anything, but simply define something, and that thing must obey a mandatory law, such as the law that sets the requirements for collateral title. This is the case with norms that classify or define acts, duties or obligations without imposing them. The author examines the scope of ownership and suggests that it be analyzed from a regulatory perspective and demonstrated its conformity with the various provisions of civil law that function fully as regulatory systems as a whole, based on the premise that any regulatory system is nothing more than a combination of instruments, legal or otherwise. from sources. For their studies, the laws are divided into mandatory, dispositive and complementary laws that allow us to understand in which cases they can be applied. This is the predominant form of rule, especially in public law. It should be added that most of the rules of the different legal systems are binding, although in private law the autonomy of the parties is greater. It applies condition, character or sanction as a means or instrument of balance, so that its rules or laws are recognized and, on the contrary, respected in the field of competence. Supplementary rules are those that apply in the absence of the rules applicable to them, i.e. the additional standard replaces or replaces the missing or insufficient standard for the act, transaction and obligation. Mandatory standards are mandatory laws that must be respected.
In our country, within the framework of the implementation of Decree-Law No. 1044, the commercial activity of the State may be presented as an act of unfair competition in the form of violation of norms, unless it has been developed in accordance with the mandate established in article 60 of our Constitution. INDECOPI has developed through its various declarations: „But in laws it is necessary to distinguish clearly those of their norms, which are indispensable to their addressees, that is, those imposed on them without the possibility of agreement or decision, because their effects must occur independently of the will of the people, those that have a character. which hardly completes the will of the subjects to whom they refer. which can only be taken in the absence of a specific decision to the contrary and also optional, that is to say, those which allow individuals to choose, according to their desires and conveniences, between two or more possibilities, governed by the same law as the effects of the options enshrined. There are norms or laws of the imperative, dispositive and complementary or complementary class, and we will try to define each of them. It should be added that this type of rule is characteristic of private law, an area of law in which the free will of the individual prevails in the establishment of legal relations. Be that as it may, most doctrines agree that it is practically non-existent in the field of public law.
The inalienable right to identity, enshrined in Article 2, paragraph 1, of the Political Constitution of the State by virtue of Article 19 of the Civil Code, is violated by the possession of a certificate of double birth, since it proves this fact and thus the existence of a person. It follows that that fundamental right to identity cannot be affected or infringed. A law is mandatory if it is not possible to avoid what it obliges or prohibits and it is complementary if the provisions of the law can be changed or modified by the law addressed or regulated according to the will of the persons involved in the legal situation. Confidentiality is one of the reasons why it is decided to resolve a dispute by arbitration. This article addresses issues such as the source of the duty of confidentiality, its scope and the importance of reviewing the content of applicable laws and regulations to support the protection of the interests of the parties. It is possible that they can. However, some authors consider that the decisive norm also exists in public law, where there is also a certain margin of autonomy of the will. In any case, this position is usually refuted by alluding to the confusion between the positive capacity and the positive norm. Therefore, the distinction between these concepts leads to some doctrinal controversy. 1.
Equal opportunities without discrimination – a) Equal opportunities and equal treatment – b) Discrimination in the employment relationship – 2. Inalienability of rights – a) Context – b) Definition – c) Basis – d) Scope of the principle – e) Scope – Scope – Subjective scope – Objective or material scope – Temporal scope – f) Legal validity of the principle – 3. Favourable interpretation of the. RESOLUTION 175-2010/CCD-INDECOPI OF 25 AUGUST 2010 DECLARING INADMISSIBLE THE COMPLAINT FILED BY DEMUS – ESTUDIO PARA LA DEFENSA DE LOS DERECHOS DE LA MUJER AGAINST COMPAÑÍA CERVECERA AMBEV PERU S.A.C. IS HEREBY CONFIRMED. AND GRUPO Q COMUNICACIONES S.A. DUE TO THE ALLEGED VIOLATION OF THE PROVISIONS OF ARTICLE The decisive norm is the rule of law, the content of which can be deleted on the basis of the principle of the autonomy of the will. Their normative scope is thus reduced to cases in which the individual does not adopt any provision other than that provided for by law.
They are the best, I love their publications, they serve a lot, successes! Objectives – Concept of legal norm – 1st definition – 2. Legal rule and reality – 3. Legal norm and language – 3.1 Syntactic level – 3.2 Semantic level – 3.3 Pragmatist level – 4. Legal norm and support for state power – 5. Legal norms and articles of law – Elements of the legal norm – 1. Acceptance – 1.1 Acceptance and application of the law – 1.2. The purpose of this article is to make a theoretical and practical contribution to the development of institutions associated with the application of the legal norm over time, for which the author addresses cases that have been noticed in professional practice. It is intended that the work is read in the key of administrative law, so that the logic used as a parameter of. For example, Article 648 of the Commercial Code, which defines what is a registered title, or Article 651, which defines the securities to be ordered. In this article, the author analyzes in depth the legal treatment that the law has granted to man as a holder of rights and duties.
It argues that the legal system, which is responsible for recognizing the rights of individuals, may restrict or withdraw certain rights to ensure peaceful civil social coexistence. It also stipulates that the mandatory right is imposed before the will of the parties. It is fulfilled, even if the parties mutually wish that this is not the case. The peremptory norm usually imposes obligations or establishes prohibitions. On the occasion of the edition of the ninth plenary session of the Civil Casatorium, the author analyses – in a doctrinal, jurisprudential and comparative law approach – the power of judges to declare ex officio the nullity of a particular act if this is obvious. It also sets out and criticises the scope of the binding precedents set out in the above-mentioned plenary. Keywords:. The concept of peremptory norm is opposed to that of positive norm, since in the latter case the norm and its content are subject to the principle of voluntary character and are mentioned, and its application is limited to cases where subjects do not regulate their relations in a sense other than that dictated by the positive norm. In law, a peremptory norm is considered to be the legal norm that has a content that legal subjects cannot do without, so that the normative regulation that is made of the question has full validity regardless of the will of the individual. It is the way in which the legislator, through its powers, establishes a rule of law in an imposed manner or by sanctions within a regulatory system for its effective compliance that allows the company it represents to comply directly with it.