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Business Law

Sources and Hierarchy of the Legal System

Business I 217 words Free to read

The Pyramid of Norms

A legal system is a hierarchy: rank decides collisions. Top to bottom: Constitution (supreme norm); International treaties; Laws (organic laws need absolute majority, ordinary laws simple); Decree-laws (urgent, ratified later) and Legislative decrees (delegated); Regulations (executive rules); Custom (fills gaps); General principles (good faith).

RankNormMaker
1ConstitutionConstituent
2TreatiesRatified
3Laws / Force of LawParliament / Govt
4RegulationsExecutive
Key rules: Higher rank beats lower. A norm changes only by equal or higher rank.
Pitfall: Decree-laws answer post-urgency; legislative decrees execute prior delegation.

When Rules Collide

Real legal work resolves conflicts via three criteria in strict order. Time never overrides hierarchy.

CriterionTagWins when----
Hierarchylex superiorHigher rank prevails
Specialtylex specialisSame rank: specific beats general
Timelex posteriorSame rank/specificity: later prevails
Pitfall: An older special law survives a newer general law. Repeal by general law is never presumed.

Business impact: Ministerial orders exceeding tax laws are void. Consumer rules beat general contracts by specialty.

Norm Conflicts: Hierarchy, Specialty, Time

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The explanation above is free to read. The graded practice for this lesson lives in the Tryals app.

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Business Law