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Business Law

Sources of Law and Temporal Validity

Business I 231 words Free to read

The Life Cycle of a Norm

A law is not born when politicians shake hands. It follows a strict life cycle with distinct legal consequences at every step.

StageLegal effect
EnactmentParliament passes it; text exists, binds no one yet
PublicationAppears in the Official Gazette (BOE); ignorance no longer excuses
Entry into forceThe norm starts applying
RepealLater law displaces the old rule

Vacatio legis: By default, a 20-day grace period runs between publication and entry into force so people can adapt.

Common pitfall: Assuming the 20-day vacatio legis is universal. It is only a default; a norm can enter into force immediately or months later. Always check the final provisions first.

A norm's timeline, and a gap between two of its stages whose WIDTH is

Temporal Validity & Repeal

Norms die by express repeal (the new law lists what it kills) or tacit repeal (incompatibility). Laws never lapse from mere disuse.

Non-retroactivity: The Constitution guarantees that norms govern only the future. You cannot be sanctioned under a rule that did not exist when you acted.

Exception: Favorable retroactivity is allowed, meaning a lighter penalty can reach back in time.

Business planning: Contracts are judged by the law in force when concluded, and taxes by their accrual period. Transitional provisions dictate which situations follow the old rule versus the new.

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Business Law