MARCOS FERNANDEZ – REGISTRATION 21-15-10

METHODOLOGY OF LEGAL SCIENCES.

10 LEGAL MAXIMMS
The Law is born from the fact.
This refers to the fact that there must be a precedent. That is, for the world of law, obligations
and subjective rights arise when a certain event occurs.
For example, when a person does something bad, the law does not sanction what he did, since
that serves as a reference to make a law.
What is not prohibited is allowed.
This means that something that is not sanctioned or penalized does not mean that it is illegal,
but it also exists that what is not allowed is prohibited, this means that nothing can be done
that has not been previously consulted, approved or authorized by their bosses or directors.
Example: That, in a restaurant with a terrace, the outdoor area does not have signs anywhere
that you cannot smoke.
What is not expressly permitted by law is prohibited for the authority.
The authority cannot carry out any action that affects society if it is not expressed in the law.
For example, a police officer cannot fine a person for wearing a coat with a hood, cap, glasses
and masks because no rule or decree prohibits such clothing.
When the law does not distinguish, it is not our business to distinguish either.
This rule of law determines that an action, no matter how bad it may be, cannot be considered
a crime if the law does not define it as such.
Example, Punishing an animal for breaking a piece of furniture, that is something that is not
penalized, and although it is something that should not happen, we should not do it.
He who can do the most, can do the least:
This principle of law means that whoever has the power to do great or important things can
do lesser things on the same subject.
For example, a person with a position or rank that is high can carry out tasks of his rank, as
well as he can carry out tasks of ranks or positions lower than that of his.
Nobody is forced to do the impossible
This principle is easy and simple to understand, no human being has the capacity to do
something impossible to do, therefore, he is not obliged to do it.
Example: No one is obliged to revive a person.
Where there is no ambiguity, there is no room for interpretation:
This means that when a text of the law is clear and unambiguous, there is no room for
interpretation.
Example: When a rule is precise and clear, there is no need for a third party to come and give
an interpretation, which could distort what the law really means.
The subsequent right repeals the previous one.
It means that the last law enacted nullifies the first.
For example, there is a law that says that drinking alcohol in a church is not allowed, and then
a law is enacted saying that you can drink alcohol anywhere no matter what.
The omission of legal forms nullifies the acts.
Every act must be carried out as stated by law.
For example, contracts must be performed as required by law if they are not considered
invalid.
Ignorance of natural law does not excuse.
This means that ignorance of a law or rule does not become an excuse for non-compliance.
Example: I cannot claim that I was unaware that there was a curfew and that that was why I
was on the street, since it is something that is not admissible.