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General principles of law

What are the general principles of law?

The general principles of law is the source of law that reflects the fundamental and universal ideas that inspire a legal system and that serve to guide its interpretation and integration.

There is no single criterion regarding the origin of these general principles or their incorporation into modern legal tradition, but this does not prevent their three main functions from being fulfilled:

  • Serve as a pattern for the creation of laws and legal frameworks.
  • Serve as support for the interpretation of positive law.
  • Fill any legal gaps in any legal system.

For example, the principle of legality, which establishes that no one can be forced to do what the law does not require or prevented from doing what the law does not prohibit.

They are not fixed or immutable, but rather adapt to the needs and circumstances of each society and each historical moment.

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