18 Questions
What is the main argument made in the text regarding the binding power of complementary or explanatory rules?
Complementary or explanatory rules have the same binding status as mandatory rules after the conclusion of a contract.
What is the key difference between the status of complementary or explanatory rules at the time of conclusion of a contract and after the conclusion of a contract?
At the time of conclusion, these rules can be ignored by introducing substitute contractual terms, but after conclusion, they become binding.
What is the main reason given in the text for why the binding power of complementary or explanatory rules should not be thwarted by the excuse of ignorance?
The hypothesis is that the contract is defective and hence it cannot be complete except by virtue of these complementary rules.
What is the main argument made by the advocates of restricting the application of the principle to mandatory rules and not to complementary (explanatory) rules?
The binding power of complementary rules should be restricted because they have a different status at the time of conclusion and after conclusion of a contract.
What is the key distinction made in the text between the status of mandatory rules and complementary (explanatory) rules?
Mandatory rules are binding at all times, while complementary rules can be disregarded at the time of conclusion of a contract.
What is the main purpose of the text?
To address a common misconception regarding the binding power of complementary or explanatory rules.
What are the two types of legal rules mentioned in the text?
Mandatory and complementary (explanatory)
According to some scholars, to which type of legal rules should the principle of ignorance of the law not being an excuse apply?
Mandatory rules only
What is the first ground mentioned for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?
Both types of rules are binding, and their content is equally binding.
What is the second ground mentioned for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?
Accepting the excuse of ignorance for complementary rules would greatly restrict their scope of application.
What is the opinion of the scholars who believe that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?
The differentiation between the rules is unjustifiable.
Which of the following is NOT a reason mentioned in the text for believing that the principle of ignorance of the law should apply to both mandatory and complementary (explanatory) rules?
Both types of rules are equally important for public order.
What is the primary reason for delegating the authority to draw up detailed legislations to the executive authority?
To ensure speedy and easy execution of the law
What is the disadvantage of referring every implementation issue back to the legislative authority?
It disrupts administrative and executive activity
Which statement best describes the issue addressed in the text?
The difficulty of drafting legislation that covers all possible scenarios
What is the potential consequence of the delay caused by referring implementation issues back to the legislative authority?
It may result in the negation of the purpose of the principal legislation
Which method places an additional burden on the legislative authority?
Referring implementation issues back to the legislative authority
What is the primary advantage of delegating authority to the executive branch, as mentioned in the text?
It reduces the workload of the legislative branch and allows for faster implementation
Test your knowledge on the differences between legislative and executive authority in regulating legislation, including the challenges faced in implementing laws. Learn about the methods adopted to address practical difficulties in legislation.
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