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The conflict of law in time

Domenii publicaţii > Ştiinţe sociale + Tipuri publicaţii > Articol în volumul unei conferinţe

Autori: Narcisa- Mihaela Stoicu, Sorin Fildan, Ioana- Georgiana Mihnea, Anca Moroşteş

Editorial: Cordial lex, Current Problems of Legal Theory and Comparative Law. International conference (2012; Cluj-Napoca) Current Problems of Legal Theory and Comparative Law: international conference: Cluj-Napoca, October 26, 2012, coord.: dr. Veronica Rebreanu, p.572-584, 2012.

Rezumat:

The conflicts of laws that are due to the succession of normative documents over time are solved by taking into account the general principles of intertemporal common law. The Law is subject to the „tempus regit actum” rule.
Legal conflicts that may occur between legal norms that are situated on different hierarchic positions are solved based on the principle according to which the inferior legal norm bases its validity on the norm that is superior to it in the hierarchy. Legal conflicts that may occur between legal norms of the same rank are solved according to the „lex posteriori derogat priori” principle. The conflict that may occur between a general norm and a special norm is solved according to the
„specialia generalibus derogant” and „generalia specialia non derogant” principles. A conflict may arise between the „lex posteriorii derogat priori” and „lex speciali derogat legi generali” principles when the general law is subsequent to the special law. These apparent or real conflicts between two legal norms are called legal antinomies, which may be apparent or real.
The new law may amend or abrogate, in the future, the causes for termination of pluridependent legal situations, which are maintained under its incidence. These deeds are subject to the law since the date they were materialized.
As an exception from the principle of immediate application of the new law, it is sometimes allowed that the future effects of a prior legal situation remain subject to the law under which this situation was constituted.
These conflicts are solved through transitory provisions, which have the purpose of ensuring the connection between the past and the moment of applying the normative provisions, for the purpose of avoiding conflicts between successive legal norms.

Cuvinte cheie: The new Civil code; conflicts of laws; intertemporal common law; "tempus regit actum"