Chapter 4
Mandatory &
supplementary rules
MANDATORY & SUPPLEMENTARY RULES
Mandatory rules are those rules witch the
people have to respect and any agreement
contrary is void & null
Mandatory rules are related directly to the
Public Order of the society.
Ex.
1- Rules of criminal law.
2- Some of the civil law rules compulsory to the
fullest sense.
3- Rules creating social duties such as military
service and payment of taxes.
SUPPLEMENTARY RULES
Supplementary rules are those rules witch
people are not forced to follow & may agree
on something contrary to their provisions .
Ex:
1- Article 457 of the civil law :
“ The Price of a sold thing should be paid at
the same time in which the delivery of the sold
thing is made” .
2- Article 562 of the civil law :
“ The rent of similar places is considered if
there is no agreement upon the rent Or how it
can be evaluated Or it became impossible to
prove it “.
Differentiating Mandatory rules
from Supplementary rules
1 -The verbal criterion:
Enable to know the type of rule from the
wording & phrasing of the text ( provisions
may not be violated , any breach of its
provisions will be null and void , or
commanding or abstaining from doing )
Example ;
succession of living person (131)
, interest rate (227)
, frozen interest & exceed the capital (232)
, discharging from responsibility for unlawful
act ( 217/3) .
2 – The Objective criterion:
If the rule is not clear , the content of the text should be
examined whether it is related to public order or public
morality .
If the rule is related to the public order of the society then
it is Commanding rule & if it is related to individual
persons then it is Supplementary rule.
Differentiating Mandatory rules from
Supplementary rules
1 -The verbal criterion:
Enable to know the type of rule from the wording &
phrasing of the text ( provisions may not be violated ,
any breach of its provisions will be null and void , or
commanding or abstaining from doing )
Example ;
succession of living person (131)
, interest rate (227)
, frozen interest & exceed the capital (232)
, discharging from responsibility for unlawful act
( 217/3) .
CHAPTER 5
SOURCES OF LAW
Each legal rule has physical source which derive its material and an official source from which it derives its binding force .
Physical sources of the legal rules are the society conditions and different factors witch led to the enactment of the legal
rule ;
1- different circumstances pass over the community (economic , natural , religious , political …..…).
2- historical origin.
3- judicial precedents.
Official source are the methods provided in the state’s constitution from which the legal derive their binding character.
SECTION (1) LEGISLATION
FIRST :MEANING OF LEGISLATION
Legislation is the principal source of law in Egypt , and the word
legislation may be used to refer to the set of legal rules regulating a
certain matter such as the legislation of maritime law .
But “legislation” here means the process of laying down legal
rules in a written form by competent authority in the state.
IMPORTANCE OF L EGIS L ATION
THE EMERGENC E &THE I NCREASING INTERVENTION OF THE STATE HAVE LED TO THE I MPORTANC E OF THE L EGISLATI ON
ADVANTAGES OF LEGI SL ATI ON
1- WRI TTEN FORM.
2- RAPID ( RESPOND THE NEEDS OF THE SOC IETY ).
3- UNITY OF THE L AW IN THE STATE.
D ISADVANTAGE OF L EGI SL ATION
IT I SRIGID , DOES NOT DEVEL OP AUTOMATIC AL LY .
THE PURPOSE OF LEGISLATION
• In general legislation serves three main purposes
• 1- Protective purpose. ( protects people & their rights
from dangers)
• 2- remedial purpose.( to cure things went wrong and
caused injuries )
• 3- Procedural purpose.
• Ex:
• Traffic law .
• Worker’s compensation law.
• Criminal law
KINDS OF LEGISLATIONS
1- The constitution
2- The ordinary legislation
* Procedures of enactment
1- Proposal or presentation of a bill
2- Approval (passing)
3- Promulgation.
4- Publication.
1- THE BILL IS PROPOSED
The Legislation is suggested by the president of
the state or by any member of the people’s assembly.
2- THE BILL IS DEBATED AND PASSED
Legislation must be debated in the people’s assembly
by an absolute majority vote. (50% + 1 )
3- THE BILL IS PROMULGATED
* The president who has the right of object to it within
30 days of its submission. If the President does not
objected it will be find Endorsement.
4- THE LAW IS PUBLISHED
Finally the law should be published in the official
Gazette within 2 weeks from promulgation .
