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Transcript

The sources of Law

Source of law is the source of foundation of law,

the system of factors, predetermining

its content and the forms of expression.

They divided into materialistic, ideal, juridical.

Ideal sources are an ideological recognition

by legislator of objective needs of the social

development and the acceptation of legal norms

based on them.

Material sources begin from the system of the objective needs of the social development and in economic relations.

Juridical sources are officially-documentary standards of expression and fixing of law, which has juridical and compulsory significance norms installed by state.

Customs

Customs are multiply repeated actions, executed in the similar cases of life and became the habit.

Legal custom is the maxim which becomes a habit because of recurrence, and passing from generation to generation and protected by obligation of state.

Juridical or judicial precedent is the decision of court of

the concrete problem, which is the example for solution for

the same situation, which has a state’s power.

Normative contract is the decision of one or more than one side, which

has a compulsory significance and guaranteed by state’s power.

Normative legal act is an official document, recognized by

competent authority of state and consisting of compulsory

juridical norms.

Law is the normative legal act,

which has the highest juridical power, accepted by

the highest legislative body in a special

order. Law can be current and constitutional.

Constitutional laws are juridical base for current legislation

and fix the basis of social and state structure

Current or usual laws are adopted on the base and in pursuance of constitutional laws; they include current legislation and regulate different sides of economic, politic and cultural state’s life.

The leading place of laws we can determine according these statements:

1. The law is passed, repealed and changed only by the bodies of state’s authority or by the nation(referendum)

2. The law is passed in a procedural order

3. There are not any normative legal acts, which can contradict laws. If there is this contradiction, the law acts.

4. The Law consists of the norms of the initial character. Other acts are made by law and are to give in detail and to concrete the norms of law

5. The Law regulates the most important fundamental relations.