What is an imperative norm?

In the legal field, a imperative norm (also known as public order law), refers to a legal norm that establishes certain rules and principles that are mandatory for the parties involved in a specific situation, and which cannot be modified or repealed by their will. This means that, if the parties expressly agree to something different, the mandatory law will apply equally, and instead, what they have agreed to will be annulled.

Mandatory laws are important because they can protect certain fundamental values ​​and interests of society or individuals. This type of law is normally found in public law.

An example of an imperative norm is the Penal Code

Here we have a case of imperative norm with a practical example:

Assumption: Laura and Pablo agree to sell a used car.

Imperative Norm: The law establishes that the seller must deliver to the buyer the vehicle technical inspection certificate in force at the time of the sale.

Agreement of the parties: Laura and Pablo decide that the buyer will be in charge of obtaining the certificate after the sale.

Result: The agreement is void because it contravenes an imperative norm. The seller must deliver the certificate to the buyer or respond for the damages caused.

Related concepts

• Public Law
• Dispositive norm
• What does the expression «not be contrary to the law, morality or public order» mean?
• What is the difference between a typical contract and an atypical one?