Lex imperfecta
A lex imperfecta ( Latin “incomplete law”) is used when a legal fact in the sense of the if-then scheme (exceptionally) does not provide for any legal consequence . In rare exceptions, the legislation does not link any legal consequence to the offense of the legal provision. Unless this is an editorial oversight by the legislature, there are situations without legal consequences, for example in the provision of sanction-free regulatory provisions.
A passage from Ulpian is preserved in Roman law , which expressed a tripartite division of prohibition laws. A distinction was then made between leges perfectae , which ordered that illegal legal acts were null and void, leges minus quam perfectae , in which the illegal legal act remained valid but was punishable by law, and finally leges imperfectae , which resulted in none of these consequences. Details on the potential threat of punishment are, however, controversial in research, since Ulpian's text passage is the only one handed down to the thematic block. An early example of a plebiscite that could possibly be interpreted as a lex imperfecta is provided by the middle republic with the lex Cincia , by means of which exaggerated luxury should be restricted. In some cases the first repetition laws for the provinces , such as the lex Calpurnia , are assigned to this case group. Much later, namely in the early imperial era , senate consuls joined with their prohibition orders , such as the SC Velleianum or the SC Macedonianum . The business dealt with in the consulates was not ineffective per se either.
A recent example was the Austrian Tobacco Act , which provided a ban on smoking in public buildings until 2009, but did not attach any sanctions to it. A current example is the highway speed limit regulation in Germany. A complicated example is the regulation on abortion in the German or Austrian penal code , which under certain circumstances is illegal but not punishable by law.
Another example is the Universal Declaration of Human Rights (UDHR), Universal Declaration of Human Rights of the UN. Even if universal human rights are titled, the UDHR remains a merely non-binding recommendation of the UN, which is not justiciable therefore, unenforceable. This does not conflict with the fact that Art. 6 UDHR explicitly lists the right to legal capacity . Only those provisions of the UDHR are indirectly enforceable which have been adopted in binding international agreements , such as the Civil Pact (BPR) or the Social Pact (WSKR) .
Others
Individual evidence
- ↑ Ulp. Epitome Ulpiani 1.
- ↑ Max Kaser : About prohibition laws and illegal business in Roman law . Publishing house of the Austrian Academy of Sciences (Philosophical-Historical Class, Meeting Reports Volume 312, Vienna 1977, p. 9 ff.
- ^ Herbert Hausmaninger, Walter Selb: Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 144.
- ^ Felix Senn: Leges perfectae minus quam perfectae et imperfectae. 1902, p. 47 ff.
- ↑ Max Kaser: About prohibition laws and illegal business in Roman law . Publishing house of the Austrian Academy of Sciences (Philosophical-Historical Class, Meeting Reports Volume 312, Vienna 1977, pp. 29 ff (30 f.).
- ↑ Universal Declaration of Human Rights
- ↑ Universal Declaration of Human Rights
- ↑ international treaties
