Post by account_disabled on Dec 28, 2023 3:16:20 GMT
ALaw no. moreover the Civil Code entered into force on October contains provisions that could overlap with the regulation in art. . . According to art. lit. bb from Law no. with subsequent amendments and additions On the entry into force of the Civil Code ... any other provisions to the contrary even if they are contained in special laws. This text from the regulation of the law implementing the Civil Code reveals the express indirect repeal which is a form of repeal as a procedure for terminating the action of a rule of law as a result of the entry into force of a new contrary rule lex posterior derogat priori as abrogation has been consistently defined in doctrine.
This form of abrogation is manifested when the new normative Country Email List act provides generically that the provisions contrary to the law are abrogated but without expressly mentioning them. Indirect express repeal differs both from express direct repeal which is revealed by identifying in the repealing act the legal provision or normative act that ceases its effects and from tacit or implicit repeal through which the legislators manifestation of will in the sense of cessation of effects it results only from the adoption of a rule contrary to the existing one.
In accordance with the provisions of art. para. from Law no. republished with subsequent amendments and additions Implicit legislative events are not recognized in the case of special normative acts whose provisions cannot be considered modified supplemented or repealed even by the general regulation of the matter unless this is expressly stated. Per norm or contained in a special normative act through a later general law if there is an express legal provision in this sense the principle of lex posterior derogat priori being applicable and not the principle of specialia generalibus derogant. The condition of the legislators express.