Legal Norms: Classification and Efficacy Analysis

Legal Norms: Classification and Effectiveness

Legal Norms, Classes, and Effectiveness: The legal rules are those governing the conduct of individuals in their mutual relations and social state, whose observance is ensured by appropriate penalties.

Rule Effectiveness: Effectiveness may be legal where the rule is met without special obstacle. When the standard is not met voluntarily, state intervention is necessary for the rule to be fulfilled and satisfied through that route.

Classifications of Rules

A) Complete Rules

These are rules that do not need support from any other law to have legal effect because they contain both the factual situation and the legal consequence.

1. Classification by Degree of Determination of Elements:

• Rigid: These are peremptory and closed norms.
• Flexible: These rules allow interpretation of their two elements: the alleged fact and the legal consequence.

2. Classification by Effectiveness Regarding Individual Will:

• Imperatives: These rules are binding regardless of the will of the subjects. They are subdivided into:
  • Prohibition: Banning a specific action.
  • Positive: Imposing the observance of certain behavior.
• Permissive: These grant permission or authorization for subjects to act in one way or another in the exercise of their freedom.

3. Classification by Effectiveness Regarding Time:

• Permanent: These have an indefinite duration.
• Temporary: These are issued for a specific period and cease to be in force afterward.
• Transitory: These apply during the transition when one rule disappears and a new rule comes into force.

4. Classification by Territorial Scope:

• General: These apply throughout the national territory.
• Private: These are established to apply only in a specific part of the Spanish territory.

5. Classification by Subject Matter Covered:

• Common Law: These apply to legal relationships involving any person.
• Special Law: For example, rules of the Commercial Code apply only to persons holding the status of traders or entrepreneurs.

B) Incomplete Rules

These are the ones that require the support of another rule of law. They include:

• Imperatives
• Explanatory
• Limit
• Standards for reference or referral

Characteristics of Marital Status

The characteristics of marital status are:

1. Personality: It possesses its own status protected by applicable law.
2. Public Policy: Through marital status, society fixes the status of every person.
3. Erga Omnes Efficacy: This means it is effective against the world. The effectiveness of all civil proceedings related to civil status results in a ruling that is effective Erga Omnes; this is known as the presumption of res judicata.
4. Mandatory Nature of its Rules: Only the legislature is competent to establish the causes by which a civil status is acquired or lost.