Chapter 2: Juridical Rule

Question 1

concept of juridical rule

Answer 1

rule of social conduct established under the threat of a particular sanction

Question 2

examples of juridical rules

Answer 2

CRP
CC
criminal code
laws
decree laws
regulations of local municipalities

Question 3

features of juridical rule (7)

Answer 3

generality

abstraction

hypothetical

state condition = current legal rules represent expression of the sovereign will of the state

bilateral = confer rights & impose duties

imperative = orders

coercivity

Question 4

triple structure of juridical rule

Answer 4

prediction

consequence

sanction (may no be present in all legal rules)

Question 5

sanctions (5)

Answer 5

punitive = violation of legal rule

reconstructive = restoring previous situation

reimburse = establishing equivalent situation

preventive = aimed at preventing future violations

mandatory = seek that offender adopts proper conduct

Question 6

punitive sanctions (4)

Answer 6

criminal

civil = Civil Law eg. person coerces someone else to include them in their will

disciplinary = dont exercise work activities -> suspended (Labour Code)

administrative (eg. tax infraction) = fines

Question 7

reconstructive sanctions (2)

Answer 7

reconstruction in natura = resets situation prior to violation of rule
-> same asset, eg. fix a computer i broke

specific compensation = restores situation by replacing damaged object by one of same value
-> new asset, eg. computer cant be fixed, need to buy a new one

Question 8

reimburse sanctions

Answer 8

damage = pay for damage

loss of profit = eg. A does something to B, B has to go to hospital, not working -> A has to pay B for the profit he would have made

Question 9

preventive sanctions

Answer 9

eg. parole officer after bail

Question 10

mandatory sanctions

Answer 10

mainly retention rights

eg. in hotels they hold the bags of people that dont pay room