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Questions and Answers
What is the primary purpose of mandatory rules in society according to the passage?
How can one differentiate between mandatory and supplementary rules according to the passage?
What is the primary purpose of supplementary rules according to the passage?
According to the passage, what is the primary focus of commercial law?
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What is the main difference between mandatory and supplementary rules according to the passage?
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Which type of laws regulate the relations among legal persons and the State entities when running their affairs in a private manner?
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Where do cases relating to private laws typically fall in terms of jurisdiction?
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What is the highest court for civil, commercial, and criminal matters in the legal system described?
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Which type of law focuses on regulating commercial activities, contracts, and transport?
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What is the focus of laws that regulate the process of commercial bookkeeping?
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Study Notes
Commanding/Mandatory Rules vs. Supplementary Rules
- Commanding/Mandatory rules regulate the basis of societal operation, ensuring public morality and order are preserved.
- These rules are mandatory and must be respected, and any agreement contrary to them is void and null.
- Supplementary rules are not forced upon individuals and allow parties to agree to contradict them.
- They do not relate to public and moral order.
Differentiating Between Mandatory and Supplementary Rules
- Verbal differentiation: Look at the wording and phrasing of the provisions to determine if they are mandatory or supplementary.
- Subject matter differentiation: Analyze the subject matter to determine if it seeks to preserve public order or not.
Commercial Law
- Commercial Law is a set of legal rules regulating commercial dealings and the relations resulting from them.
- The commercial code regulates various aspects, including:
- Basic conditions of merchants, legal capacity, and commercial actions.
- Rules for commercial bookkeeping.
- Types of business companies (creation, activities, governance, and winding up).
- Commercial activity (commercial contracts, industrial ownership, commercial transport).
- Commercial papers (promissory notes, drafts, checks, bonds).
- Commission agency and intermediation.
- Bankruptcy procedures, cases, and conditions.
Private Laws
- Private laws regulate relations among legal persons, including individuals and companies, and the State entities when running their affairs in a private manner.
- Examples of private laws include:
- Civil law.
- Commercial law.
- Intellectual property law.
- Anti-competitive practices law.
- Consumer protection law.
- Arbitration law.
- Civil and commercial procedures law.
- Companies' law.
- Investment law.
- Mineral resources law.
- Cases related to private laws fall within the jurisdiction of non-administrative courts, which are divided into:
- Court of Cassation: highest court for civil, commercial, and criminal matters.
- Courts of Appeal: hearing appeals of verdicts from First Instance Courts.
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Description
Explore the differences between Commanding/Mandatory rules and Supplementary rules in society. Learn how these rules regulate private dealings, public morality, and order, and the implications of violating them.
