Unit 1

Question 1

Define Law and Subjective Law

Answer 1

Law:
organized set of rules elaborated by those who have the power to do so

Subjective Law:
the power that a person has to demand something from another in a coercive way
(only possible if there is also Objective law)

Question 2

What are Mandatory and Dispositive Rules?

Answer 2

Mandatory:
impose or prohibit conduct in an abslute way

Dispositive rules:
govern only the extent that the interested parties do not provide otherwise
(not mandatory such as disagreement between the parties involved

Question 3

What are the sources of Law?

Answer 3

Material Sources:
the state, the autonomous communities, certain international organizations

Formal Sources:
1- The Law
2- The custom
3- The general principles of law

Question 4

What are the phases of the validity period of a law?

Answer 4

1- promulgation (“birth)
2- Comes into force -> begins to generate rights and obligations
3- Derogation (expressed or implied)
-Expressed means it is specified when the law will be derogated
-Implied means that a later rule will replace the old one in what is incompatible

Question 5

Describe the National and supranational legislations.(european union laws)

Answer 5

a) primary EU laws: Treaties
b) Secondary EU laws: EU regulation and directives
-Regulations -> directly applicable to the citizens and institutions of the member state

       -Directives -> provision whose purpose is to armonize the laws of the member state thruough the trasposition of the directives