Transcript Legal norms - UP

Legal norms
Legal norms – definition
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Legal norms are generally binding rules of
conduct issued by the state authority
Legal norms are intended for the regulation
of social relations
Legal norms determine the rights and duties
of the subjects of legal relations
Abidance of legal norms is guaranteed by the
state coercion
Basic aspects of legal norms
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They are issued by competent state authority
They are properly published (Collection of
laws)
Normativity – they regulate peoples conduct
Generality – they are binding for the indefinite
number of people and indefinite number of
cases
They are enforceable by the power of the
state
Types of legal norms I.
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Injunctive legal norms – they determine duties of the legal
subjects
§ 6 Civil Code: Everyone has the duty to act in legal
transactions honestly.
Prohibitive legal norms – they determine prohibitions
§ 673 Civil Code: Marriage can not conclude the person whose
legal capacity was limited in this area.
Entitling legal norms – they determine entitlements of the
legal subjects
§ 1485 Civil Code: The heir has the right to refuse the
inheritance after the death of the deceased.
Types of legal norms II.
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Peremptory (mandatory) norms – formulated as
imperatives, subjects cannot behave in a different way
§ 1016 Civil Code: Fruit fallen from trees and shrubs on
neighboring land belongs to the owner of neighboring land.
Provisional (non-mandatory) norms – they contain two
rules – first enables legal subjects to arrange their rights
and duties, second will be used if they do not arrange
§ 1958 Civil Code: If the parties do not arrange the time when
the borrower should fulfil the debt, the creditor may require
payment immediately and the borrower is then obliged to fulfil
without undue delay.
Special legal norms I.
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Declaratory legal norms – they express ideological,
political or ethical principles
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§ 2 Act on Illegality of the Communist Regime and on
Resistance Against It: Czechoslovak communist party was a
criminal and contemptible organization just as other
organizations based on the same ideology which violated
human rights and principles of a democratic state.
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Legal definitions – they define some notions used in
the process of realization of law
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§ 606 Civil Code: Half of a month shall be defined as fifteen
days and its center is the fifteenth day.
Special legal norms II.
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Derogatory norms – they contain repeal of a
normative act or its part
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§ 3080 Civil Code: Following acts are repealed: 1) Act No.
40/1964 Coll., The Civil Code ……..
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Conflict norms – they contain criteria for the choice
between the norms of two or more countries
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§ 48 Act on Private International Law: The eligibility of a person
to marry as well as the conditions for the validity of marriage
are governed by the laws of the State of which he is a citizen.
Temporal activity of legal norms
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Validity of legal norms – moment from which
the norm is a part of legal order, norm is valid
from the moment of its publication
Effectivity of legal norms – moment from
which the norm is binding for the subjects of
law, it is in the last provision of normative act
Vacatio legis – period of time between
validity and effectivity
Termination of validity
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Lapse of time – validity is limited in the
moment of the adoption of the legal norm
Explicit derogation of the norm by the
competent state authority
Automatic derogation by the adoption of a
new normative act which regulates the same
relations – lex posterior derogat priori
(without derogatory clause)
Derogatory clause
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Enumerative derogatory clause –
enumerates all the derogated legal norms or
whole normative acts
General derogatory clause – derogates all
legal norms contrary to the new normative
act
General derogatory clause with the
examples of derogated norms
Retroactivity of legal norms
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True retroactivity – legal norm influences
also the legal relations which originated
before its effectivity
Pseudo-retroactivity – origin and validity of
old legal relations is under influence of
derogated norm, next continuation of legal
relations is under influence of a new norm
Territorial activity of legal norms
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Based on the territorial principle – norms
are binding on the territory according to
competence of state authority which adopted
the normative act
Territory of the state includes earth surface,
internal waters, coastal waters, underground
and airspace
Fictitious territory – boards of aircrafts and
ships
Personal activity of legal norms
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Legal norms are binding for all persons on
the territory of a particular state
Some legal norms are binding only for
smaller number of persons (soldiers, public
officials)
Diplomatic and legislative immunity –
exemptions from the activity of criminal law
Subject-matter activity of legal norms
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Legal relations which are regulated by
particular legal norm
Mostly regulated in the first provision of a
normative act
General v. special legal norms – principle
„lex specialis derogat legi generali“ –
special norms have priority over general
norms