Novella (law)

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With amendment is in the legislation teaching a Amendment Act designates that one or more other existing laws amends in some parts. The process or the steps for its preparation are called amendments .

Technically, this is done in such a way that only individual parts of the text are exchanged, inserted or deleted. The content of a novella could be simplified as follows:

Amendment law to the XY law
§ 1. In § 5 of the XY Act, the sentence “The taxpayer must register his income” is replaced by the sentence “The taxpayer is obliged to register his income generated in a calendar year in writing by March 15 of the following year” .
§ 2. This law comes into force on / with effect from ... / on the day [s] after its promulgation.

Since, in general, only the text published in a legal gazette is the authentic version , a valid law consists of a master version (the first pronouncement) and the possibly numerous amendments. Consolidated versions are used for everyday legal practice, in which all amendments are summarized on the current status. In Austria there is the re- pronouncement procedure to announce a consolidated version as a simplification. A new announcement fulfills a corresponding function in Germany .

Larger amendments that change several laws at the same time are often broken down into several articles , each of which summarizes the changes to a single law. Therefore one speaks in this context of an " article law ". Amendment laws in the area of ​​German federal law, for example, are almost invariably divided into articles, even if only one law is amended.

In the historical context, the term refers to the novellae , the laws that the Eastern Roman Emperor Justinian I passed after the revision of the Codex Iustinianus . The Leges novellae, on the other hand, were a collection of decrees issued by the emperors Theodosius II , Valentinian III. and majorian .

Examples

Germany

literature

Web links

Wiktionary: Novelle  - explanations of meanings, word origins, synonyms, translations