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Common law and civil law regarding commercial digital advertising



Camilo Alfonso Escobar Mora1




Abstract: Common law and civil law are just law when are compatible with the juridical

foundation. That is why more than common law, civil law or any other legal system there has

to be a juridical way of existence. That is why more than a legal system there is the law. The

law being. The law way (form) of existence.



That (this) is why the juridical valid way of existence in a State is the Rule of Law. That,

properly, means the State whose (which its) existence is based in the juridical foundation. In

the way of existence of the law. In the law. This is why, properly, more than a ruled States it

is about the State which its form of existence coincides with the law. That is why, properly,

it is about the juridical State. That means, some (any) State way of existence harmonic with

the juridically valid way (form, condition) of existence of a State.



This article shows the universality of the law (because there is just one law, the law, being;

the law way, form, of existence) using (the) commercial digital advertising (being; when it is

subject to the law because, it, exists in a juridical case) as an example.



Keywords: Law; common law; civil law; juridical validity; juridical diligence.




1
Camilo Alfonso Escobar Mora. Ph.D. in law. Postdoc in law. L.L.M. in commercial law. Master in law and
information technology. Master in telecommunication law. Lawyer. Founder of JURÍDIA, a Learning and
Research Center for Preventive Consumer Law in (Commercial) Digital Advertising (www.juridia.co). Contact:
.

1

,Table of contents

I. Introduction.

II. Development.

III. Conclusions.




I. Introduction



The objective (the purpose) of this article is to show how Law (how the Law) is just one.

There can exist manifestations (that try to be) related with law but there are just juridical

(manifestations, juridical forms of existence, juridically valid beings) if they are in

accordance with what is defined in the law (being). So (for example) there can exist legal

systems but they are just juridical forms if (they are) compatible with the law. If they

coincide with the juridical must be. That means, the Law (being). The law is one being. It is

unique. It is universal. It is clear.



That (this) is why (for) example the law applies to (the) commercial digital advertising

(being). When that kind of advertising exists inside a juridical case (that means, a juridical

relationship which its form of existence is defined throught the time and space, that means,

through the form, necessary for the existence of, all, the juridical rights and duties that exist,

apply, in that relationship). So, there can be different juridically valid ways (forms) of

existence (beings) of (the) commercial digital advertising. Tailored to each juridical case

form of existence in which it (this being; each being; that being; all the form of its existence;

the advertising) exists.




2

,Because through juridical diligence each advertising being (way of existence) can coincide

with its (respective) juridical must be (that means, with the law) in different ways. Because

there is (there exists) the juridical freedom (liberty). And because the juridically determinant

thing (aspect, form of existence) is the existence of the enjoyment of all the juridical rights

and the fulfillment of all the juridical duties that has each human being in each juridical case.

Depending on each juridical case way of existence.



That is why the juridical compliance (the compliance of, with, the law) means the duty to

enjoy all the juridical rights and to fulfill all the juridical duties that each human being has in

each juridical case. Because that is the only (unique) way in which juridical effectiveness

exists. But it is through the (juridical) freedom (liberty) in which each human being does it

(that) in each juridical case. So, there is (only) one (there is a unique) juridical valid condition

of existence. That means, the juridical validity is just one being. There is just one juridical

validity being. Because there is just one law. The law. Law. Properly, because there is (there

exists) the law.



The juridical norms included in the article are just for illustrative purposes.



Some quotations are extensive because they are needed in that form to let each of them

explain the respective topic linked to it.



The quotations are presented (communicated) in a clear (including, explicit) way.



Some words are repeated constantly for giving a clear communication (a clear

understanding).


3

, II. Development



If there is a relationship between the juridical way of existence face to commercial digital

advertising this will communicate why the law is just one and, in consequence, why it is just

possible to get juridical validity if there is just (universal) law. Because (as it was said before)

the law is just one being and each (humanly) being exists universally. This is why there can

not exist two beings of the same being. Another thing is that each being could have different

forms of existence. If in each of those forms it is attended (to) its (universal) estructure. That

means, its elements of existence. Its conditions of existence. That is why the law structure

(foundation, basis, elements of existence, conditions of existence, structure) is just one.



This is why the philosophy of law (not philosophies about law that are not in accordance with

the philosophy of law nor philosophies that try to be related with the law being and that are

not because exist in a juridically invalid arbitrary way, that means, that does not coincide

with the law; another thing is the existence of ideas related with the law that are in

accordance with the law and in that way are part of the law, total, being) clarifies the

structure of the law (being). Of the law way of existence. Of the juridical foundation.



And that is why the juridical diligence is (means) the attendance of the juridical foundation

tailored to each juridical case. That means, is the form of (the human being) existence

(subject to the law due to the fact that exists inside a juridical case) that coincides with the

law. Tailored to each juridical case form (way) of existence. And this is why the juridically

valid juridical relationship created based on a commercial digital advertising (creation,


4

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