Understanding Legal Systems: Natural, Positive, & Civil Law

Legal System and Standards

Natural Law Defined

In any society, coexistence necessitates order; without it, life is impossible. Natural law refers to a set of rules that embody the ideal of justice (the "duty to be").

Positive Law: Governing Principles

Unlike natural law, positive law refers to a set of standards that are not left to the free will of individuals but are imposed coercively. A right is considered positive because it governs at a particular time, meaning it is currently in force. For example, the Civil Code of 1889 is considered positive law because it remains in effect.

Theoretically, positive law should be guided by natural law, developing its principles while considering the specific circumstances of time and place. The correlation between positive law and natural law is what legitimizes positive law; otherwise, it would not be considered true law, but merely a command.

Positive law is, in essence, the set of rules imposed by the governing power of a community. It encompasses all regulations enforced by the state. Within positive law, distinctions can be made between just and unjust applications, depending on their alignment with natural law principles.

Objective Law: Beyond Rules

Objective law is not merely a collection of rules; it also refers to the power or right conferred upon a person concerning a specific thing (facultas agendi).

Property Law: Individual Powers

Property law is a fundamental legal institution that encompasses all the powers granted to an individual over a specific asset. These powers typically include:

• Power of Disposition: The ability to sell, rent, or transfer ownership.
• Power of Encumbrance: The ability to place a mortgage or other lien on the property.
• Power of Management: The authority to manage and control the use of the asset.

Article 29: Legal Personality

Birth determines legal personality. However, an unborn child is considered to have been born for all favorable purposes, provided that it meets the conditions set out in the following article.

Article 30: Conditions for Civil Personality

For civil purposes, legal personality is only conferred upon a fetus born with a human form that lives for twenty-four hours wholly detached from the mother's womb.

Civil law and the Civil Code are considered the primary nucleus of the legal system. The general part of law constitutes the overarching theory of positive law. Ultimately, law is understood as more than just a set of rules.