20 Questions
By what means can a law be derogated?
Only by another law
Which of the following does NOT cause the derogation of a law?
Judicial interpretation
What happens to the previously derogated laws when a derogating law is itself derogated?
They remain derogated
Which term refers to the exclusion of other norms due to incompatibility with a new law?
Incompatibilidad
What is one way a derogation of a law is NOT produced?
By public opinion
What does the law not support according to Article II?
Abusive exercise of a right
What can an interested party request when demanding compensation or other claims?
Appropriate provisional measures
Which article discusses the abusive exercise of rights?
Article II
What type of measures can be requested according to Article II?
Cautelar measures
What is the purpose of requesting appropriate provisional measures?
To prevent or temporarily suppress the abuse
To which situations does the law apply according to Article III?
Consequences of existing legal relations and situations
Does the law have retroactive force?
No, except for cases mentioned in the Peruvian Constitution
Which governing document may allow exceptions to the non-retroactivity of the law?
The Constitution of Peru
What is the main point of Article III regarding the application of the law?
The law affects existing legal relations and has no retroactive effect, barring exceptions by the Constitution.
According to Article III, what types of exceptions might allow retroactive application of the law?
Exceptions in the Constitution of Peru
What does Article IV state about the application of laws that establish exceptions or restrict rights?
They cannot be applied by analogy.
Which of the following is true about the laws that restrict rights?
They are not applied by analogy.
Where can one find the jurisprudence related to Article IV?
By following the provided link.
What type of laws are mentioned in Article IV?
Laws that establish exceptions or restrict rights.
Which statement best describes the main idea of Article IV?
Laws that establish exceptions or restrict rights are not applied by analogy.
Study Notes
Title Preliminary
Abrogation of a Law
- A law can only be abolished by another law.
- Abrogation occurs through: • Express declaration. • Incompatibility between the new law and the previous one. • When the new law entirely regulates the matter of the old law.
- If a law is abolished, the laws it previously abolished do not regain their validity.
Abuse of a Right
- The law does not protect abusive exercise or omission of a right.
- When claiming indemnification or another claim, the interested party can request appropriate precautionary measures to prevent or temporarily suppress the abuse.
Application of the Law in Time
- The law applies to the consequences of existing legal relationships and situations.
- The law has no retroactive force or effect, except for exceptions provided in the Political Constitution of Peru.
Analogous Application of the Law
- Laws that establish exceptions or restrict rights cannot be applied analogously.
Quiz on the preliminary title of the Civil Code, covering the abrogation of laws and the exercise of rights.
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