You are on page 1of 13

Legal norms

Legal norms definition

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

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