Podcast
Questions and Answers
By what means can a law be derogated?
By what means can a law be derogated?
- By a judicial decision
- By a contract
- By resolution of a commission
- Only by another law (correct)
Which of the following does NOT cause the derogation of a law?
Which of the following does NOT cause the derogation of a law?
- Judicial interpretation (correct)
- Incompatibilidad entre la nueva ley y la anterior
- Declaration expresa
- When the matter is completely regulated by the new law
What happens to the previously derogated laws when a derogating law is itself derogated?
What happens to the previously derogated laws when a derogating law is itself derogated?
- They are amended
- They recobran vigencia
- They are revised by the judiciary
- They remain derogated (correct)
Which term refers to the exclusion of other norms due to incompatibility with a new law?
Which term refers to the exclusion of other norms due to incompatibility with a new law?
What is one way a derogation of a law is NOT produced?
What is one way a derogation of a law is NOT produced?
What does the law not support according to Article II?
What does the law not support according to Article II?
What can an interested party request when demanding compensation or other claims?
What can an interested party request when demanding compensation or other claims?
Which article discusses the abusive exercise of rights?
Which article discusses the abusive exercise of rights?
What type of measures can be requested according to Article II?
What type of measures can be requested according to Article II?
What is the purpose of requesting appropriate provisional measures?
What is the purpose of requesting appropriate provisional measures?
To which situations does the law apply according to Article III?
To which situations does the law apply according to Article III?
Does the law have retroactive force?
Does the law have retroactive force?
Which governing document may allow exceptions to the non-retroactivity of the law?
Which governing document may allow exceptions to the non-retroactivity of the law?
What is the main point of Article III regarding the application of the law?
What is the main point of Article III regarding the application of the law?
According to Article III, what types of exceptions might allow retroactive application of the law?
According to Article III, what types of exceptions might allow retroactive application of the law?
What does Article IV state about the application of laws that establish exceptions or restrict rights?
What does Article IV state about the application of laws that establish exceptions or restrict rights?
Which of the following is true about the laws that restrict rights?
Which of the following is true about the laws that restrict rights?
Where can one find the jurisprudence related to Article IV?
Where can one find the jurisprudence related to Article IV?
What type of laws are mentioned in Article IV?
What type of laws are mentioned in Article IV?
Which statement best describes the main idea of Article IV?
Which statement best describes the main idea of Article IV?
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.
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Description
Quiz on the preliminary title of the Civil Code, covering the abrogation of laws and the exercise of rights.
