The interpretation of procedural law

The interpretation of procedural law

"To interpret a norm is to establish its meaning, but that meaning is decisive for legal life and also, therefore, for the judicial solution.

We can affirm that the interpretation is the investigation and penetration of the meaning and the effective scope of the norm,

to measure its precise extension and the possibility of its application to the social relations that it tries to regulate. And where can you find out that meaning? What Is An Example Of A Procedural Law?

On this matter there are two radical positions:

The subjective theory believes that the meaning should be sought in the will of the legislature,

which was the one who sanctioned the law.

The objective theory, on the other hand, considers that what is important is the will of the law regardless of the will of the legislature.

There is an intermediate position, which suggests to the interpreter, to study the law without neglecting its origin and the reasons that determined it.

Finally, the attempt to overcome, considers the distinction between objective theory and subjective theory inadequate. It is impropriety to speak of the will of the law,

but also, we must end the myth of the will of the legislator, since what he wanted was expressed through the law.

interpretation systems

* GRAMMATICAL SYSTEM: 

with this what is sought is the meaning and reason of the words used, to express the thought reflected in the standard.

The Civil Code in its article 4 establishes two elements, to follow in this grammatical interpretation, they are:

- According to the proper meaning of the words should follow

- The connection of words to each other

* LOGICAL SYSTEM: with this, we are going to break down thought into its logical structure.

This system is aimed at scrutinizing the spirit, the thought that encouraged the legislator LA RATIO LEGIS (THE REASON FOR THE LAW)

THIS SYSTEM HAS TWO APPROACHES, AND THEY ARE:

- JURISDICTIONAL APPROACH: forces the interpreter to reconstruct the will of the legislator at the time of issuing the rule.

- FREE APPROACH: search for what is really wanted by the legislator in accordance with the need of the medium and the moment of its application.

* SYSTEMATIC SYSTEM: it consists of relating a rule with those other rules, which make up a legal institution and each institution with the others, until reaching the fundamental principles of the legal system as a whole.

* HISTORICAL SYSTEM: the interpretation is made with reference to the historical circumstances of the environment,

whose path allows us to know the entire training process:

Search for the will of the legislator; Preparatory work of the laws, the previous figures are compared, the law is compared, at the time it was enacted,

and the law is compared at the time of its application to determine possible changes that it may have suffered

In relation to procedural capacity

In accordance with article 137 of the Code of Civil Procedure, people who do not have the free exercise of their rights

must be assisted or represented in court according to the laws that regulate their status or capacity.

Thus, for example, a 20-year-old foreigner, who according to the law of his country reaches the age of majority at 21, cannot be a party to a trial if he has not reached that age, in Venezuela,

where Venezuelans with barely 18 years acquire the age of majority ( article 18 of the Civil Code ).

 

Organic laws of a procedural nature

The organic laws include the norms that indicate the legal regime of the officials of the State involved in the process.

Material laws, which serve the process, or lato sensu,

disposition of a material nature, which within its own sphere, teach the means used in the development of the process. Procedural laws are tax and exceptionally dispositive

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