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LARIZA CHONG FLORES

CINTLI CARDENAS BARAJAS

HOMEWORK
[Subttulo del documento]

1. What is natural law? /natural doctrines (iusnaturalism).

A. Natural law is derived from the concept that the entire universe
is governed by cosmic laws on which human conduct should be
based, and which can be deduced through reasoning and the
moral sense of what is right or wrong. See also laws of nature. Idea
of perfect law based on equity, fairness, and reason, by which all
man-made laws are to be measured and to which they must
conform.
2. What is a pawn contract?
A. Pawn transactions are a special type of secured transaction. As
such, pawn transactions have their own set of regulations apart
from the UCC. They are regulated by the Pawnbrokers Act, 56-121 et seq.
The typical pawn transaction is as follows. A person (the pawn
debtor) transfers to the pawnbroker an item of personal property,
such as jewelry, in exchange for a loan of money up to $2000 from
the pawnbroker. The debtor receives a pawn ticket for the item.
The debtor then has a certain amount of time (typically between
30 and 90 days) to repay the money to the pawnbroker. If the
money is not repaid, then the pawnbroker can sell the item and
keep the proceeds.
Permissible Charges: For the first thirty-day period of the pawn
transaction, a pawnbroker may charge $7.50 or ten percent of the
amount loaned, whichever is greater. This charge may be applied
only during the first thirty days of the loan and may not be
imposed when an existing loan is refinanced. (A loan is refinanced
when some portion of a later loan is used to repay an earlier loan
with the same pawnbroker.) After the first thirty days, the
pawnbroker may charge up to four percent (4%) per month on the
unpaid principal balance of the loan. 56-12-13.
(See Annex 1)

3. What is positive law?

A. Body of man-made laws consisting of codes, regulations, and


statutes enacted or imposed within a political entity such as a
state or nation. Contrasts with natural law. (law established or
recognized by governmental authority).
4. Historical-teleological approach of law
A. Articles 31 and 32 of the Vienna Convention on the Law of
Treaties (VCLT) set forth the basic rules of treaty interpretation.
The most fundamental rule is articulated in Article 31(1): "A treaty
shall be interpreted in good faith in accordance with the ordinary
meaning given to the terms of the treaty in their context and in
the light of its object and purpose." Other provisions of Article 31
provide a specific definition of "context" and additional related
guidance.
Types of evidence not referenced in Article 31including the
preparatory work of the treatyare designated "supplementary
means of interpretation" by Article 32. According to Article 32,
such evidence may only be used in order to "confirm" the meaning
that is suggested by an Article 31 analysis or in circumstances
where application of Article 31 leads to an ambiguous or
manifestly absurd result.
5. Principles of certainty and predictability
A. Legal certainty, a feature of the rule of law, constitutes a
requirement for the operational necessities of market interactions.
But, the compatibility of the principle of legal certainty with ideals
such as liberalism and free market economy must not lead to the
hastened conclusion that therefore the principle of legal certainty
would be compatible and tantamount to the principle of economic
efficiency.

6. Binding law
A. Common legal phrase indicating that an agreement has been
consciously made, and certain actions are now either required or
prohibited. For example, a lease for an apartment is legally
binding, because upon signing the document, the lessor and the

lessee are agreeing to a number of conditions. The lessor typically


agrees to provide the apartment in a certain condition for a certain
length of time, and the lessee typically agrees to pay an agreed
upon rent and refrain from certain destructive behaviors. The other
requirement for an agreement or contract to be considered legally
binding is consideration - both parties must knowingly understand
what they are agreeing

ANNEX

Annex 1

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