Legal language TYPES OF RULES

Policy Norm which establishes a goal that should be achieved but does not prescribe measures to achieve it. Constitution of Republic of Poland: Art. 35 ust. 1: The Republic of Poland shall ensure Polish citizens belonging to national or ethnic minorities the freedom to maintain and develop their own language, to maintain customs and traditions, and to develop their own culture. Art. 66 ust. 1: Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.

Policy Directive 2012/27/EU of the European Parliament and of the Council Art. 4. Member States shall establish a long-term strategy for mobilising investment in the renovation of the national stock of residential and commercial building. Art Without prejudice to Article 7 of Directive 2010/31/EU, each Member State shall ensure that, as from 1 January 2014, 3 % of the total floor area of heated and/or cooled buildings owned and occupied by its central government is renovated each year to meet at least the minimum energy performance requirements that it has set in application of Article 4 of Directive 2010/31/EU.

Ius cogens and ius dispositivum Ius cogens: strictly applied rules Ius dispositivum: relatively applied rules Ius dispositivum imposes a duty to act in a certain way but leaves a possibility to depart from that duty. In civil law to prescribe mutual rights and duties of parties. Art. 360 of PCC: In the absence of a different stipulation as to the time of payment of interest, it shall be payable each year at the end of the year (...)

Dutch Civil Code 6:41 If no place of performance has been stipulated, the delivery of an indebted thing must emerge: a. in case of an individually specified thing: at the place where it was at the moment that the obligation came to existence; b. in case of a fungible thing: at the place where the debtor practises his profession or has his company or, if such a place does not exist, at the place where he has his domicile (residence).

Legal presumption Legal presumptions REFUTABLE IRREFUTABLE MATERIAL FORMAL Provision that obliges to treat some fact as if it has happened, despite it hasn't been proved

Legal presumption Material: IF...(fact A is proved)... THAN...(fact B is presumed)‏ preliminary condition: fact A must be proved Formal: It is presumed that... Binds 'automatically', without any preliminary conditions.

Legal presumption Polish Civil Code: Art. 7. Where the statute makes the legal effects dependent on good or bad faith, the existence of good faith is presumed. Art. 32. Where several persons have lost their lives in a common peril, they shall be presumed to died simultaneously.

Dutch Civil Code Art. 1: Where the existence of a person is uncertain and the period indicated in the next paragraph has passed, any interested person may request the District Court to be permitted to call the missing person officially to court in order to prove that he is still alive and, if this has not been proven, that the Court shall declare that there is a legal presumption that the missing person is dead. 2. a. The period meant in the previous paragraph is five years, to be calculated from the departure or the last sign of life of the missing person.

Legal fiction Treating one fact or situation as if it were another fact or situation (what results in attributing the same legal consequences to both facts or situations.) It may be established by a court (vehicle = animal), legal tradition (Ignorantia iuris nocet), or a provision of legal instrument. PCC, Art The heir who has disclaimed the inheritance shall be excluded from succession as if he had not survived the opening of the succession.

Referring regulation Provision that refers usually to other provisions. Within a legal system → to another provision to some set of provisions (legal institution)‏ to the whole legal act Out of a legal system → to another system to non-legal reasons Blank regulation

DCC Art. 1: a. The period meant in the previous paragraph is five years, to be calculated from the departure or the last sign of life of the missing person. (…) 3. The request meant in paragraph 1 can be filed as well by the Public Prosecution Service. 6:25 Where an obligation under a condition precedent has been performed even before the fulfilment of that condition, the debtor may demand, as long as this condition is not fulfilled, that this performance is made undone in accordance with Section of the Civil Code. PCC Art. 38. A legal person shall act through its organs in the manner provided by statute.

General clause Expresion that refers to some non-legal criteria (rules, values etc.) and which needs an evaluation based on some axiological assumptions. Indirectly, by using indefinite terms, or directly, by indicating the non-legal system that it refers to.

General clause DCC 1. The creditor and debtor must behave themselves towards each other in accordance with the standards of reasonableness and fairness. PCC Art. 5. No one shall use any right in a manner contrary to its socio-economic purpose or to the principles of social co- operation. Such act or omission by the person entitled shall not be deemed to be an exercise of a right and shall not enjoy protection.

meta-regulations Second-order regulations Do not concern a conduct of any entities, but other regulations in the system. establishing a scope of validity, defining a date of coming into force, derogating clause, amendment, law-making delegation, intertemporal, legal definition.