Practice question · Sort into groups
Sort each norm by the organ that produces it.
Groups: The Cortes Generales · The Government · Neither: it arises from social practice
- A commercial custom proved by the party invoking it
- A decreto-ley
- A ley ordinaria
- A ley orgánica
- A local practice on the use of irrigation water
- A royal decree approving a reglamento
Hints
- Two of the six have the force of statute despite not coming from parliament.
- The third column contains the only source with no author.
Show the answer
The Cortes Generales: A ley orgánica, A ley ordinaria
The Government: A decreto-ley, A royal decree approving a reglamento
Neither: it arises from social practice: A commercial custom proved by the party invoking it, A local practice on the use of irrigation water
Why
The third column is what makes the sorting worth doing. Custom is the one source with no organ behind it, which is why the Code hedges it with conditions the other sources do not carry: it must be proved, must not offend morality or public order, and yields to any applicable statute.
Practise Sources of Law and the Legal Order
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