Legal System Basics: Sources and Branches of Law
Legal System Fundamentals: Sources of Law
The rules that comprise the legal system originate from various sources:
Law
Refers to any general and binding law, enacted by a state organ in accordance with the national constitution. Rules can be found at national and provincial levels. Key features include:
- Mandatory: Laws must be obeyed by all inhabitants of the country, whether Argentine nationals or foreigners.
- General: They govern all similar situations described within the text of the law.
- Stable: Laws remain in force over time until repealed by another law.
Laws are generally not retroactive, meaning they cannot apply to past events or situations that occurred before the law’s entry into force. Ignorance of the existence of laws is not accepted as an excuse for non-compliance, unless specifically authorized by law. Laws become obligatory for all inhabitants of Argentina from the time of their publication in the Official Gazette. Once published, they become effective on the date specified within the law. If no date is specified, they come into effect eight working days after publication.
Doctrine
Doctrine refers to the opinions of legal scholars and researchers who study the law itself. While not legally binding like a law, doctrine significantly influences judges when issuing sentences due to its quality and reliability.
Jurisprudence
Judges are required to adjudicate disputes arising judicially. They should evaluate current law, consult doctrine, and refer to earlier judgments handed down by other judges in similar cases. The collection of these judgments is called jurisprudence, and it helps to interpret and clarify the meaning of a law.
Customs and Traditions
These are constant and uniform behaviors performed over time by the general populace, with the conviction that they are legally binding and accepted by them.
Key Branches of Law
The legal system is broadly divided into several specialized branches:
Constitutional Law
Covers the rules intended for state organization, the functioning of the legislative, executive, and judicial branches, and the rights and guarantees of the country’s inhabitants.
Administrative Law
Includes the rules governing the structure and management of state power, and its relations with the governed.
Criminal Law
Refers to rules that define and characterize offenses, and the sanctions or penalties imposed by the state on perpetrators.
Civil Law
Covers the rules governing relations between private individuals and their relations with the state on issues such as individual rights, family matters, property, and inheritance. It is considered a fundamental branch of law.
Business Law
Refers to the rules relating to the activity of traders. The Commercial Code is the most important law, and all its provisions govern the subject matter of this branch of law.
Labor Law and Legislation
Establishes rules regulating relations between employers and workers, and sets forth the rights and obligations of both parties. It also establishes regulations concerning social security for workers. The Labor Contract Law is a regulation of major importance in this branch of law.
Private International Law
Deals with rules governing legal relations that have a foreign element, such as the domicile of parties in different states, allowing for intervention by foreign courts or the application of rules from other countries.
Public International Law
Refers to the rules governing relations between international subjects, such as different states and international organizations.