QUIZ No.

1 Sección A – Derecho para los Negocios Internacionales

Name: Ahmed Reqsii Lopez Paiva Date: September 08, 2022

Individual evaluation. Answers must be loaded in Blackboard ( PDF) in time.

Answers in writing (brief, but complete). Quotations & name-dropping are not expected.
Make use of learned concepts.
Say it in your own words.

Quiz Time: 45 min

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1. a) What is the relationship between: State – Government – Rule of Law?

Explain briefly (8 p)

First, it is relevant to mention and explain the definition of each one of the concepts. State
refers to a set of institutions that exercise control over a territory and its population;
government is the main pillar of the state, which dedicates to direct, control and
administrate the institutions; and rule of law refers to a country where the activities and
the life of the community are ruled by the law (legal system and legal rules).

Now it is possible to explain in a better way the relationship between those concepts. As it
was mentioned before, the state is the set of institutions within a delimitated space of
territory. This set of institutions is directed by a group of actors and organisms called
government. That act of directing is dedicated to regulating the activities and life of a
certain community. When that regulation is based on legal system and legal rules it is
said that exists a rule of law. In other words, some group of capable actors called
government dedicates to administrate the set of institutions called state, and when this
direction dedicated to regulating the activities and life of a community are ruled by a legal
system it is said that exist a rule of law.

b) Roman Civil Law ( RCL) vs Common Law (CL). Regarding sources of Law,
identify and explain their main difference ( 6 p)

Roman Civil Law stipulates a legal framework where the legislation is the main source of
law. It is regular that each judgement made in countries where this legal system works (like
most of the countries of Europe and Latin America) is based on the legislation (written legal
rules). On the other hand, Common Law system (which works in UK and USA) stipulates a
legal framework where precedents, judicial opinions of experts and passed sentences are
used as the main source of law. In this case, it is also important the written legal rules or
legislation, but this source of law is not the most important one. As it is shown in this
paragraph, the main differences, regarding sources of law, between Roman Civil Law and
Common Law is that the first one uses the legislation as the main source of law, while the
latest uses precedents as the main source of law.

2. Define and compare:

a) Legislative Decree vs Decreto de Urgencia ( 6 p)

Legislative decree is a law issued by the executive branch and authorized by the
legislative branch; while the “Decreto de Urgencia” is a law issued by the executive
branch but without the authorization of the legislative branch. It is an urgent or
extraordinary decree based on urgency. Both are based in the second level of the
pyramid of hierarchy of legislation.
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