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INTRODUCTION TO COMPARATIVE LAW.
BRENDA VALDEZ MENDEZ
From my point of view the law is the body of knowledge expressed in rules, principles, governinginstitutions in a coercive conduct of the individual to live in society, the right to guide the individual's behavior also confers rights (guarantees) and powers to it.
The right is to be an effective,impartial and institutional capacity to enforce or recognize the "right" to someone when needed.
Sources of law are called the origin of it. They can be formal, historical and real.
a) Formal.- Areall processes and actions through which it identifies by providing them with legal standards of legality (validity).
b) Actual or those materials.- The normative contents that make up matter that isincorporated into legal norms, such as: values ​​or moral principles, social principles, customs, standards, etc..
c) Historical.- The texts of the documents or non-existing law that serves as aninspiration or history of the formal right.
In the formal sources are direct or indirect sources:
Direct sources:
- Legislation .- In the legal systems of written law: The rule of law, and bindinggenerally results from a specific process of creation by the organ or authority to effect
- Custom .- It is the repetition of actions within a society, given their recurrence, are gaining acceptance andpermanent legal force, as an obligation.
- International treaties.- It is a legal act that creates rules voluntarily undertaken by states or international organizations that perform.
Indirectsources:
- Jurisprudence .- It is a legal institution that establishes the criteria for interpretation or integration of the laws made by courts or administrative tribunals empowered by law, by repetitionor contradiction of thesis solution, which are mandatory for the hierarchically inferior organs that gave the jurisprudential thesis.
- General principles of law.- These are the criteria that the...
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