MODULE 1- PRIVATE LAW

RULE: A rule is a statement that prescribes some human conducts defined as compulsory (duty to act), prohibited
(duty not to act) or lawful (possibility to act). The word comes from the Latin “Regula”.
There are different types of rules providing guidance: PERSONAL, FACTUAL, GENERAL, ABSTRACT.
NB: Rules contained in CODES, ACTS, STATUES, DECREES, REGULATIONS are both GENERAL and ABSTRACT.
NORM: it refers to what is “normal”. Norms indirect human conduct in order to make a certain pattern of behavior
normal.
SANCTIONS: “negative” consequences to whom breaks the Law.
LEGAL SYSTEM: It’s a system of rules the enforcement of which is entrusted to the authority of a court.
The court is called upon to determinate who is in the right and who is in the wrong and is vested with the power to
decide the controversy.
LEGAL RULE: The legal rule is the solely that which is formed out of one of the “modes of production” laid down by the
system itself.
SOURCE OF LAW: any act of fact apt at producing legal rules in a given system. (WRITTEN/UNWRITTEN SOURCES,
JURIDICAL PRECEDENTS, LEGISLATIVE ACTS in the broad sense).
The legitimacy of a legal system stems from its affirming itself as such, within a given social grouping.
DOMESTIC LAW: Law of the State. The other: MERE FACTS.
INTERNATIONAL LAW: It regulates relationships between States, and draws upon its own sources and rules.
(art. 10 Italian Constitution: Italian legal system conforms to the international rules generally accepted).