Understanding Core Legal Concepts: Sources, Powers, and Persons

Core Legal Concepts and Definitions

Law is defined as a set of rules and principles governing life between people and assuring a common welfare. Labor Law is what governs the relationships in a company among the employer and employee. Natural Law is the set of principles designed for the universal validity of human reason.

Sources and Hierarchy of Law

Defining Sources of Law

The sources of law are the origin of any juridical rule: the basis for the elaboration of existing rules and legal rules which are of mandatory application.

Legal Hierarchy

The Civil Code establishes the hierarchy of the sources of law. The sources of law, in order from highest to lowest importance, are:

1. Law
2. Custom
3. General Principles of Law

It is also necessary to consider case law and doctrine.

The Three Organs of State Power

The state is structured around three organs of power:

Legislative Power

The Legislative Power drafts and approves laws. It is formed by Congress, comprising between 300 and 400 persons elected by universal suffrage.

Executive Power

The Executive Power governs in accordance with existing laws. It is represented by two bodies: the state and the prefecture.

Judicial Power

The Judicial Power (GOVERNMENT).

Types of Legal Norms and Regulations

The Act and the Constitution

An Act is a written provision that regulates some aspect of our daily life. The most important law is the Spanish Constitution, approved in 1978.

Different Types of Laws

Different types of laws include:

• EU Rules: Regulations originating from the European Union.
• Organic Laws: Regulate the development of a fundamental right recognized in the Spanish Constitution (e.g., the Statute of Autonomy and the general electoral system).
• Ordinary Law: Regulates all aspects not developed by an Organic Law, and is modified by bills and votes.

Government-Issued Norms

• Decree-Law: A rule with the force of law issued by the Government to regulate and resolve situations of extraordinary urgency or necessity.
• Decree: A standard prepared by the Parliament which delegates authority to the government.
• Regulation: A disposition issued by the Government to develop a law.

Different forms of adoption for these regulations include: Royal Decrees, Ministerial Orders, and Resolutions.

Custom and Principles

Custom is a practice repeated in a particular social behavior, which converts into a standard. The general principles of law are the basic ideas that underlie the legal aspect of any juridical matter.

Legal Persons: Natural and Juridical

Natural or Physical Person

A physical or natural person is any living human person. They possess two capacities: legal capacity and capacity to act (work).

Juridical Person

A juridical person is an organization comprised of goods and persons that has rights and obligations to fulfill.

Types of Juridical Persons

• Associations: Built by other juridical persons or people who possess common knowledge.
• Societies: Established through a contract where two or more persons agree to share money, property, or industry.
• Foundations: Organizations incorporated as non-profit entities.