Validity can be considered according to:



Time



Place



Person



Established in appriopriate form by the
entity having the law-making competence



Hasn’t been formally derogated



Is not contrary to any other legally valid
norm (if it is contrary, than it is valid if after
the use of collision norms it has not lost it
binding force)



Officially published



Lex posteriori derogat legi priori



Lex specialis derogat legi generali



Lex inferior non derogat legi superiori



Argumentum a simili



Analogia iuris



Argumentum a contrario



Argumentum a maiori ad minus



Argumentum a minori ad maius



From the purpose to means argumentation



Axilological validity



Behavioural validity

The principles and rules of interpretation of

legal regulations are specific interpretation
directives, the application of which enables
the reconstruction of the standard of
conduct from the legal regulation to which it
is expressed



Authentic interpretation



Legal interpretation



Operational interpretation



Doctrinal interpretation



Unofficial interpretation

One has to find all the necessary elements of

the legal norm in the material of legal
regulation.

Reconstruction of the legal norm and the

identification of its explicit wording using:



Linguistic



Systemic



Functional principles



Check whether the term subject of
interpretation has not been defined by the
legislator (legal definition)



Check whether there is a binding legal
interpretation



Check whether there is an uniform position
of the doctrine, and this meaning can be
accepted



Check the consistency in understanding the
norm against the wording of other norms in
internal law



Consider the position of the norm in law-
making instrument, the branch of law and
compliance with the principles of law



Identify the purposes of the regulation and
select the meaning of the norm that best
fulfils this purpose

The addressee of legal norm is the entity to

which a statement of the legislator is
directed



Natural person – person from the moment
of birth until the death. Not all natural
person have full public rights or capacity to
conduct civil law transaction



Legal entities are carriers of rights as a
conventional feature. Domestic law decides
who is a legal entity



Citizen – natural person can be bound to the
state with legal ties. Citizenship is a
consequence of:

◦

Citizenship of parents

◦

Place of birth



Foreigner – person staying in a country
which she is not a citizen. There are trends
to diminish the differences in treatment the
citizen and the foreigner, but the
differences do exist



Order or prohibition of specific conduct

specific (or all) circumstances, expressed in

the legal norm and directed to its addressees.



Legal duty means no freedom of action of the

addressee. Action or withholding from action

can be obligatory



Duty is connected with the sanction – legal

consequence of not acting accordingly with

the duty



Legal duties sometimes may be connected

with the rights of other persons



Competencies to perform conventional acts
are distinguished from rights.
Psychophysical conduct of entities that are
given a new, additional sense a the
legislator’s will is referred to as a
conventional legal act



Negative consequence of one’s conduct

It is possible to be resposnible for someone

other’s conduct, or even a damage made by
nature.