The substantive law It is the legal part that establishes, defines and regulates the rights, such as the laws of real estate, labor, criminal, etc. It refers to the substance of the affairs, where obligations and rights are recognized, being the fundamental substance of the rights under the law.
That is, it is the set of laws that can be admitted and recognized through different legal systems, thus ensuring certainty and security to the subjects, giving life to a certain act or legal figure.
It imposes the behaviors that people must follow in society. For example, in the criminal component, it can be seen that the substantive law states that: "a person who deprives another of the life will be subject to a penalty".
Therefore, it regulates the duty to be, imposing the actions that individuals must follow in society. Substantive law also identifies the defense that a person can raise when accused of a crime.
Substantive or material law refers to all categories of public and private law, such as the law of contracts, real estate, torts and criminal law..
They are all legal regulations of different matter or lineage, which provide the obligations and rights of people. Therefore, it is the legal relationship that arises from the legal assumption.
The legal regulations of substantive law are static, being codified in the different codes that govern the law. They can be located within this categorization:
Legal norms of substantive law are considered all the rules of human behavior that are external, heteronomous, bilateral and enforceable, whose purpose is to regulate substantive legal circumstances, for which it is considered as the substantive law.
For example, criminal law defines certain acts as illegal and lists the elements that the government must prove in order to convict a person of a crime..
The substantive criminal law is composed of these elements that are presented below:
Substantive law and procedural law, also called adjective law, are the terms used to describe and distinguish the two main types or categories within the law..
In other words, procedural law is the set of legal norms through which substantive law is applied and enforced, particularly in a court of justice, governing the entire process to determine the rights and obligations of the two parties..
Procedural law is different when compared to substantive law, as this means the basis of law, because it establishes and stipulates both legal rights and duties..
While substantive law is the regulation that establishes a right, procedural law is made up of procedural means that allow it to be effective or to enforce that right..
For example, while substantive law refers to how a contract should be made, procedural law sets out how the party that is affected by a breach of the contract can appeal to the courts so that the breach of the contract can be remedied..
Both types of laws arise from a variety of sources, such as traditional law, legislatively enacted laws, and judicial decisions. The noun cannot be applied without the procedural and vice versa, they cannot be separated.
The regulations according to which the person who causes harm to another must remedy that damage is a typical norm of material or substantive law, because it applies a legal duty of compensation or reparation in favor of the victim, on the part of the person who carried out the act. illicit against her.
If a seller and a buyer finalize a purchase contract, the corresponding substantive legal duties are indicated in the Civil Code, as well as claims for contempt. For example, according to the Code the buyer has the obligation to pay the purchase price.
Likewise, the Civil Code establishes the conditions in which the buyer must make the payment, such as that the seller is required to make a reminder, unless the date to pay has been set..
Luis lends a certain amount of money to Pedro, who agrees to pay it in a time stipulated by Luis. At the end of this allotted time, Pedro refuses to return the money to Luis, for which Luis makes the decision to sue him.
At that time, procedural law is the one that is working, because Luis has to comply with a process to sue Pedro. On the other hand, the sanction that Pedro must meet for not paying the money will depend on the substantive law.
Juan lives rented in Julio's house, but one day Julio asks him to give back his apartment, to which Juan refuses. Therefore, Julio decides to summon him to a court to obtain the eviction of the department.
The procedural law works at that time, while the substantive law will be acting when a judge dictates the extension time that Juan must be granted for his eviction and the deadline for him to return the apartment to Julio..
Murder is stipulated as a crime, which is substantive law. On the other hand, the rules that must be followed to prosecute the violator of that law is what is called procedural law..
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