We explain what the general principles of law are, what their functions are and which are the most important.
What are the general principles of law?
The right is the set of rules and principles by which human societies choose to govern themselves. It is based on the notions of justice, order and equality. Furthermore, it is the academic discipline in charge of its study.
Law encompasses absolutely all existing or existing legal systems. It operates according to a body of general principles not formally registered in any legal order, but existing abstractly behind each of them. Judges and legislators turn to them when creating doctrine, interpreting legal norms or integrating legal rights.
Or to put it more simply: The general principles of law are the set of concepts, ideas and values that underpin the law itself. They are expressed as axioms and normative statements and serve as a basis and support.
There is no single criterion regarding the origin of these general principles or their incorporation into the modern legal tradition, but this does not prevent their fulfillment. three main functions:
- Serve as a template for the creation of laws and legal frameworks.
- Serve as support for the interpretation of positive law.
- Fill any legal gaps in any legal system.
See also: Sources of law
The most important principles
The general principles of law may be diverse, according to the branch of law to which they belong, but in general we can cite the following:
- Ubi edem ratio ibi ius Which translates from Latin into: “Where there is the same reason, the same provision applies” and means that the rational or logical mechanism used to make a legal decision in a case must be the same applied from now on to identical situations, because the law must always apply the same.
- Affirmanti incumbit probatio It means that “he who affirms is obliged to prove.” This goes hand in hand with the presumption of innocence, since the accusation is not enough to prosecute someone, but a certain minimum of evidence is needed. Otherwise, it is one's word against another's.
- He who does not do what he should, does what he should not This legal saying embodies one of the simplest general principles: the omission of an obligation is equivalent to the commission of a crime.
- Pacta sunt servanda Its Latin name translates as “what is agreed upon is binding,” and this principle dictates that every agreement or contract signed must be respected to the letter by the parties involved.
- Principle of bona fides The principle of “good faith” establishes that all parties interested in an act must operate honestly, seeking to resolve problems for mutual benefit and not wanting to use the law for their own benefit.
- Prior in tempore, potior in jure Its Latin name translates as “First in time, best in law,” and means that if there is a controversy or dilemma between two parties that grant equal rights over something, the one who first carried out an act of legal effectiveness will have preference. , like a record, for example.
- Ubi lex non distinguisht, nec nosdistinguiredemus Literally: “where the law does not distinguish, neither should we”, it means that all citizens must be identical before the law and the law must be applied equally to all, without other criteria of distinction than those that it itself contemplates.
Continue with: Public law
References
- “General principles of law” on Wikipedia.
- “General principles of law” in Legal Encyclopedia.
- “General principles of law” in The world of the lawyer.
- “Brief study of the general principles of law and the general principles of law applicable and arising from administrative law” by Miguel A. Lico in Government of the City of Buenos Aires.
- “General principles of law” in Wolters Kluwer Legal Guides.
- “General principles of law” in Enciclopedia.us.
