WELCOME STUDENTS.
The sources of positive law
Law has its origin in the following sources:
* Law in a broad sense
* Doctrine
* Case law (jurisprudence)
* Customs and practices
Law in the Argentine legal system:
Law is the most important source of law.
The term law has two meanings:
In a narrow sense, it refers only to legal rules enacted by Congress or the legislative branch in accordance with the established procedure in National Consttitution.
Another broader meaning also includes legal rules issued by any other competent authority, such as the executive branch, municipalities, constituent assemblies, etc.
In this sense, decrees of the executive branch, municipal ordinances, the National Constitution, and police edicts are considered laws.
Characteristics of the law:
Mandatory, because they must be obeyed by all inhabitants of the country, whether Argentine nationals or foreigners.
Stable, because they remain in force over time until they are repealed by another law.
General, because they regulate all similar situations covered by the text of the law.
The National Congress, or Legislative Branch, composed of the Chamber of Senators and the Chamber of Deputies, has the specific function of enacting laws that are in force throughout the entire national territory.
On the other hand, the Legislative Branch in each province enacts laws that apply within the provincial territory.
Entry into force of the law:
For laws to be binding on the inhabitants, it is necessary that they be published in a special journal called the Official Gazette.
Once published, a law enters into force on the date established in its text. If no date is specified, it enters into force eight days after its publication in the Official Gazette.
Public Law and Private Law:
Traditional doctrine distinguishes between public law and private law.
Private law is made up of rules that place individuals on a level of legal equality. For example, in the rules governing a contract of sale, there is no relationship of subordination between the buyer and the seller.
Public law, on the other hand, establishes relationships of subordination between the persons to whom it is addressed. This occurs when the State regulates punishments for individuals who commit crimes.
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