Before we get acquainted with the concept of "dispositive norm", you must understand that she is optionality.
notion of optionality
The literal meaning is - a choice.Regarding the law, this word is defined as a certain possibility to choose certain procedural protections.It can be:
- optionality of civil law;
- optionality procedural civil law;
- optionality adversarial criminal process;
- optionality legal settlement;
- dispositive rule of law;
- optionality as a form of legal regulation.
Thus, optionality - GENERAL category which is widely used in all branches of public and private law.A dispositive norm - this legal freedom or the ability of a citizen to exercise personal, subjective rights, of course, within the law.
should not be considered discretionary rules and optionality as a whole."Optionality" - the notion of a more general, wider than the "dispositive rule of law."That discretionary rules and a means, a way of expression, of the right of disposition.
discretionary rules Examples
Civil law, for example, contains a lot of the rules by which the interested parties have the right of choice over their own orders.So, the owner of the property may, at its discretion, decide in favor of whom he made a will and who will inherit acquired them good.The heir may become one of the closest associates of the testator, his blood or non-blood relatives, close or distant, friends, acquaintances or even strangers, as well as non-governmental organizations, etc.But if neither the will, nor the dedication or any other document of inheritance has not been drawn up, the law will determine and establish the heirs of himself.Such laws, which operate exclusively in those cases where the orders are made, are dispositive, iesubsidiary contributed.
discretionary rules allows citizens entering into legal relations, set by some boundaries and scope of the mutual duties and rights.Of course, these obligations and rights do not come from a common framework.But if there are no such agreements, discretionary rules do cover the mutual relations of its content.However, even then they take the form of mandatory and require clear performance.
For example, in a divorce, if a family has a child, he remains one of the parents.This parent can not officially apply for child support if privately Second Party shall pay them.If no agreement is reached, there is a supply of alimony and the court orders a party to fail, for example, the father to pay child support in the amount specified in the judgment.Evasion will be punished.
Or, divorce, the former spouses agree that the father would visit the child, spend time with him as much time as he wants and the child will continue to participate fully in his life.If the mother starts to interfere with this, the court will protect the interests of the father and make his ex-wife did not interfere with My father and children.
discretionary rules - is like two related rules.One of them makes it possible for citizens, subjects do on your own, to enter into agreements of one kind or another.A second supplement or fill the first, if not the agreement and the parties will not be able to deal with mutual rights and obligations.Then they will be prescribed for a specific course of action and behavior, and doing it strictly necessary.
