General Articles Flashcards
Sources of Law
legislation and custom
Legislation
legislation is a solemn expression of legislative will
Custom
custom relates to a practice repeated over time that is generally accepted as having the force of law
Absence of Legislation or Custom
in the absence of legislation or custom the court should proceed with equity
Ignorance of law
no one may avail themselves of ignorance of the law
Retroactivity of Laws
in the absence of legislation expression, substantive laws apply prospectively only. Procedural and interpretive laws apply prospectively and retroactivity.
Laws for the preservation of public interest
Jurdicial (contracts) acts may not derogate from laws enacted for the protection of public interest. If it does it is an absolute nullity.
Repeal of Laws
laws are, either entirely or partially, repealed by other laws
Clear and unambiguous law
When a law is clear and unambiguous, and its application does not lead to absurd consequences, the law shall be applied as written
Language susceptible to different meanings
When the language of the law is susceptible to having different meanings, it must be interpreted as having the meaning that best conforms to the law
Meaning of Words
The words of the law must be given their generally, prevailing meaning
Ambiguous words
When the words of the law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole.
Laws on the same subject matter
Laws on the same subject matter should be interpreted with reference to one another
