The Concept And Types Of Forms (sources) Of Law

The Concept And Types Of Forms (sources) Of Law
The Concept And Types Of Forms (sources) Of Law

Video: The Concept And Types Of Forms (sources) Of Law

Video: The Concept And Types Of Forms (sources) Of Law
Video: Forms (sources) of law 2024, April
Anonim

The source of law in legal science is understood as the external form of the expression of law. Simply put, the source is what the legal regulation is about.

The concept and types of forms (sources) of law
The concept and types of forms (sources) of law

There are various types of sources of law, but the most common are:

1) Legal custom is an established rule of behavior, which has already become a habit due to long repetition, and then was enshrined by the state.

2) Judicial precedent is a decision in a case taken by a court on a specific case, which is later used when resolving new disputes by other courts as an optional source of law.

3) A contract is nothing more than an agreement between various parties, which includes in its content the rule of law.

4) A normative act is the most common source of law, which is a document of an established official form, adopted by a state body within its competence and containing the norms of law.

5) Legal doctrine - a set of various legal theories, conceptual provisions and ideas that guide the legal development of the state.

6) Religious dogmas - they are characteristic of countries of religious law.

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For the countries of the continental system of law, only the normative act acts as an authoritative source, which accumulates custom, treaty and doctrine. As for the precedent, it is not a full-fledged source of law, however, the decisions of the plenum, which combine practice in similar categories of cases, some scholars still refer to the precedent.

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