Understanding Legal Sources: Laws, Treaties, and Regulations
The Law: A Primary Source
The law is a crucial source, emanating from elected bodies, reflecting the people’s sovereign will. It stands above other sources, yet under the Constitution, a higher power. In democracies, Parliament or Congress exercises legislative functions. Legally, the law is a declaration of sovereign will, as stated in the Civil Code: “The law is a declaration of sovereign will expressed in the form prescribed by the Constitution (Politics), commands, forbids or permits” (Article
Read MoreCrimes Against Public Administration: Usurpation, Violence, and Bribery
Usurpation of Functions
Anyone who usurps a public function without a title or appointment, or the ability to provide military or police orders, or who, being stopped, suspended, or dismissed from office, continues exercising it, or exercises the functions of a different position than the one they have, will be punished by a term of imprisonment of not less than 4 nor more than 7 years and disqualification for 1 to 2 years under article 36, inc. 1 and 2.
Example: The crime of usurpation is committed
Read MoreCommercial Uses: Types, Training, and Legal Implications
Commercial Uses in the Legal Code
Commercial uses refer to the consistent and repeated conduct of traders in their businesses. The significance of these uses is rooted in their origins. Commercial law, by its customary nature, highlights the historical importance of trade practices as a primary source of law. These uses emerge from the daily activities of traders and historically stem from agreements among merchants. Initially, these agreements were included in written contracts, but through repetition,
Read MoreEmployer Liability and the Married Business Owner
Employer Liability
The employer exercises a particular economic activity in a series of acts which must respond. From an economic standpoint, the employer assumes the risk of their business; from a legal perspective, the assertion is that they assume responsibility.
First, that the property meets the entrepreneur; secondly, that made answers; and finally, how people respond.
- The employer is liable as any debtor, with all its present and future assets (art. 1911 CC). The liability of the individual
Fiscal Control in Venezuela: Legal Framework
**Article 43: Competent Bodies for Fiscal Control**
The competent bodies to exercise fiscal control, in accordance with the Constitution of the Bolivarian Republic of Venezuela, the laws, and ordinances, are:
- The Comptroller General of the Republic
- The State Comptrollers
- The Comptrollers of the Municipalities
- The Comptrollers of the Districts and Metropolitan Districts
Sole Paragraph: The fiscal control bodies, the National Superintendency of Internal Audit, and the highest authorities of the bodies and
Read MoreLegal Framework: Objective, Subjective, Natural, and Positive Law
Objective and Subjective Law
Objective law encompasses all state standards across different legal branches. Subjective law refers to the individual rights granted to each person, defined as the legal power to pursue legally protected interests.
Natural Law and Positive Law
Positive law is the legal system of a state at any given time. Natural law is a set of universally valid rules derived from human reason and the nature of things, aiming to establish a just social order.