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Introductory

concepts of law
Introductory concepts of law

• LAW
• LEGAL RULE
• BRANCHES OF LAW
Law:
• In ordinary language, the term Law designates a set of rules of
conduct governing what is right, a path to achieve what is
right and fair, as opposed to what is unfair, unjust;

• For legal professionals, the term Law means the whole set of
rules of conduct issued by the State that every person must
respect;

• the science of law

• a study subject
Introductory concepts of law

• LAW
• LEGAL RULE
• BRANCHES OF LAW
The legal rule
• the rule of conduct prescribed by the public authority which
regulates relations between people and the breach of which
attracts the intervention of the coercive power of the state;

Characteristics:
 general;
 impersonal;
 mandatory;
The legal rule
Structure:

• hypothesis – the circumstances in which that rule applies;

• prescription – sets out what rule of conduct must be obeyed


in the circumstances provided by the hypothesis;

• sanction – the consequence of the failure to comply with the


prescription.
The legal rule
According to the prescribed behavior, the legal rules can be:

 imperative legal rules - mandatory in all cases provided by the


hypothesis
• onerative (imposed) legal rules - oblige to a certain action

• prohibitive legal rules - forbid certain actions

 disposal legal rules - obligatory, but not absolutely


• suppletive (complementary) legal rules- prescribe a certain
conduct as an alternative

• permissive legal rules - allow a specific conduct


The legal rule
 Sources of the legal rules:

• Laws;
• Customs;
• General principles of law;
• European law.

 Application of the legal rule:


• in time
• in space
The legal rule
Application of the legal rule in time:

“the legal rule generally applies as long as it is in force”


(art. 6 para. 1 of the Civil Code)

 The entry intro force of the legal rule


 The moment the legal rule ceases to apply
The legal rule
Application of the legal rule in time:

• The principle of immediate application of the new law;

• The principle of non-retroactivity of the new law;

Exceptions:
• Retroactivity of the new law;

• Ultra-activity of the old law.


The legal rule
Application of the legal rule in space:

• the legal rule adopted by a central body applies throughout


the country;

• Conflict rules deal with the legal relationships which contain a


foreign element, such as:
• nationality,
• place of conclusion of the contract,
• place of performance of the contract etc.
The legal rule
Interpretation of the legal rule:
• official interpretation;
• judicial interpretation;
• doctrinal or non-official interpretation.

Methods of interpretation:
• grammatical interpretation;
• systematic interpretation;
• interpretation by analogy;
• logical interpretation.
Introductory concepts of law

• LAW
• LEGAL RULE
• BRANCHES OF LAW
Branches of law
• Public law
• Private law

• Civil law: represents a set of legal rules governing social


relations between people who are on equal positions;

• Labor law: regulates social relations between employer and


employee;

• Constitutional law: contains legal rules on the organization of


the state and the state powers;

• Fiscal law: includes legal rules governing the system of income


taxes and other taxes in the state;
Branches of law

Business law as a branch of law:

- an interdisciplinary branch of law because it includes legal


rules of private law and public law governing social relations of
the enterprise and professional traders in their activities for the
production of goods, administration and provision of services,
and also in the relations between them and the state or
between them and their employees.

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