Technical and legislative external structure of the legal norms

• Author: Buzdugan Corina Cristina
• Position: Dimitrie Cantemir' UniversityBucharest
• Pages: 42-48

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2013), pp. 42-48

42

TECHNICAL AND LEGISLATIVE EXTERNAL STRUCTURE

OF THE LEGAL NORMS

C. C. Buzdugan

Corina Cristina Buzdugan

“Dimitrie Cantemir” University, Bucharest

Faculty of Law, Cluj-Napoca

*Correspondence: Corina Cristina Buzdugan, “Dimitrie Cantemir” Christian University,

Faculty of Law, 2 Burebista St., Cluj-Napoca, Romania

Email: buzdugan_corina@yahoo.com

Abstract

If the logical, trichotomic organization of the laws forms its stable internal structure,

the technical and legislative body forms its external structure. It is correlated to the celerity

requirements which are included in the legislative system, in different stages of its

development, and also to the general principles of legal techniques.

Keywords: law, article, paragraph, external structure.

Introduction

The technical and legal structure, unlike the logical structure refers to the external

form of expression of laws, to its written form, which must be clear, concise and well-shaped.

Therefore, the technical and legal structure takes into account the normative aspect, the way

legal rules are expressed within written laws. The laws established by legislation are

subjected to specific legal requirements aimed at modeling certain social relations through

mechanisms that transform them into legal relations, while making tools that create, foster,

alter or extinguish these relations, depending on the purpose of the legislator.

The drafting of the final regulatory action is part of the process of law. In this process,

the drafting operation follows the legal concepts and notions, especially the rules of law. At

this stage it is necessary to find the words to express concepts and formula to enable the

drafting of rules of law. The right combination of words is a tool for communicating concepts,

rules and legal reasoning.

1

Since the law is an abstract construction that very often emerges from the combination

of several items that are in different places in the body of the law, it is important that the

sequence of articles in laws is correct, logical, making it easy to detach the meaning intended

by the legislator.

Arguments to support this idea have been made, for example, to resolve a dispute

regarding the correct application of Decree 92/1950. In the first article of this decree, the

conditions under which some property may be nationalized are shown. According to the

stipulations of article II, certain categories of people are exempted from nationalization. In

that dispute, on appeal, the defendant argued that the plaintiff could not be exempted from

nationalization, since he owned, at the time of nationalization, two buildings, exceeding his

housing needs, and some commercial spaces. The buildings were used for rental purposes and

it was obvious that the owner had another residence.

1

F. Geny, Science and technique in positive private law, Sirey, Paris, 1 922, p. 51.