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Dispositive norm

What is a dispositive norm?

In the legal field, a dispositive norm (also known as a supplementary norm or non-mandatory norm), refers to a legal norm that establishes certain rules and principles applicable to a specific situation, but that can be modified or repealed by the will of the parties involved. This means that, if the parties expressly agree to something different, the operative law will not apply, and instead, what they have agreed to will prevail.

Dispositive laws are important because they can provide some flexibility in the legal relationships between the parties. This can be convenient in case there are regulations that do not perfectly fit the needs of the parties.

Here we have a case of operative law with a practical example:

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

Operative Law: The law presumes that payment and delivery must be simultaneous in a sale.

Agreement of the parties: Laura and Pablo decide that the payment will be made partially at the time of signing the contract and the rest one month after the delivery of the car.

Related concepts

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