Legal norms are generally binding rules of conduct issued by the state authority legal norms are intended for the regulation of social relations. They determine the rights and duties of the legal subjects Abidance of legal norms is guaranteed by the state coercion.
Legal norms are generally binding rules of conduct issued by the state authority legal norms are intended for the regulation of social relations. They determine the rights and duties of the legal subjects Abidance of legal norms is guaranteed by the state coercion.
Legal norms are generally binding rules of conduct issued by the state authority legal norms are intended for the regulation of social relations. They determine the rights and duties of the legal subjects Abidance of legal norms is guaranteed by the state coercion.
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
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.
Injunctive legal norms they determine duties of the legal
subjects Everyone has the duty to act in legal transactions honestly. Prohibitive legal norms they determine prohibitions Marriage can not conclude the person whose legal capacity was limited in this area. Entitling legal norms they determine entitlements of the legal subjects The heir has the right to refuse the inheritance after the death of the deceased.
Types of legal norms II.
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.
Legal definitions they define some notions used in
the process of realization of law
Half of a month shall be defined as fifteen days and its center
is the fifteenth day.
Temporal activity of legal norms
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
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
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
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
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
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
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