We explain what the general principles of law are, what its functions are and which are the most important.
What are the general principles of law?
The right Is the set of rules and principles with which societies Humans choose to rule themselves. It is based on the notions of Justice, order e equality. In addition, it is the academic discipline in charge of its study.
The law encompasses absolutely all legal systems existing or existed. It works according to a body of general principles not formally registered in any legal order, but existing in an abstract way behind each one of them. Judges and legislators turn to them when creating doctrine, interpret legal norms or integrate legal rights.
Or to put it more simply: the general principles of law are the set of concepts, ideas and values that are the basis for the law itself. They are expressed as axioms and normative statements and serve as a basis and support.
There is no single criterion regarding the origin of these general principles or their incorporation into the modern legal tradition, but this does not prevent their three main functions from being fulfilled:
- Serve as a pattern for the creation of laws and legal frameworks.
- Serve as support for the interpretation of the positive law.
- Fill any legal gaps in any legal system.
The most important principles
The general principles of law can be diverse, according to the branch of law to which they belong, but in general we can cite the following:
- Ubi edem ratio ibi ius. Which is translated from Latin in: "Where there is the same reason, the same provision applies" and means that the rational mechanism or logical employed for make a decision In one case, it must be the same applied to identical situations from now on, since the law must always apply the same.
- Affirmanti incumbit probatio. It means that "whoever affirms is obliged to prove". This goes hand in hand with the presumption of innocence, since the accusation is not enough to prosecute someone, but a certain minimum of evidence is needed. Otherwise, it is the word of one against the other.
- He who does not do what he should do, does what he should not. This legal saying embodies one of the simplest general principles: the omission of an obligation is equivalent to the commission of a crime.
- Pacta sunt servanda. Its Latin name translates as "what is agreed upon requires", and this principle dictates that every convention or contract subscribed must be respected to the letter by the parties involved.
- Principle of bona fides. Principle of “good faith”, establishes that all the parties interested in an act must operate honestly, in favor of the resolution of the problems for the mutual benefit and not wanting to use the law for their own benefit.
- Prior in tempore, potior in iure. Its Latin name translates as "First in the weather, better in law ”, and it means that if there is a controversy or dilemma between two parties that are awarded equal rights over a thing, whoever has first carried out an act of legal effectiveness, such as a registry, for example, will have preference.
- Ubi lex non distinguit, nec distinguishes us debemus. Literally: "where the law does not distinguish, neither should we", it means that all citizens They must be identical before the law and it must be applied equally to all, without other criteria of distinction than those that it itself contemplates.