Understanding Retroactivity, Grammatical Rules, and Legal Interpretation
Retroactive Law and Paul Roubier’s Doctrine
According to Paul Roubier’s doctrine, laws are considered retroactive when applied:
- To facts governed by prior law.
- To ongoing legal situations, depending on the impact occurring before the new law’s enactment. If the new law applies to unrealized consequences of an incident under prior law, it has an immediate, not retroactive, effect.
Grammatical Elements in the Civil Code
Article 19, paragraph 1 of the Civil Code states that “when the meaning of the law is clear, its wording should not be disregarded under the pretext of consulting the spirit.” Thus, the words and expressions used by the legislature are the primary consideration.
Articles 20 and 21 provide a general rule and two exceptions regarding how these words should be understood.
General Rule (Article 20, Paragraph 1)
The words of the law are construed in their natural and obvious sense, according to general usage. The dictionary of the Royal Spanish Academy (RAE) is often consulted to determine this general usage, although there’s a growing trend to consider common usage.
Exception 1 (Article 20, Paragraph 2)
“When the legislature has specifically defined terms for certain materials, they will be given their legal meaning.”
A number of definitions can be found in paragraph 5 of the preliminary title of the civil code and in other legislation. Note that some definitions are specific to certain subjects and that the legal definition usually has value for that particular material and not the entire system, although they are also in general.
For example, the notion of compensation or business as defined in the labor code has value only in labor law, while the definition of presumption or persons in the civil code has general application. Similarly, the definitions of guilt and intent in Article 44 of the Civil Code have no value in criminal matters.
Exception 2 (Article 21)
“Technical words of any science or art shall be taken in the sense that those who profess the same science or art give them.”
A typical example is the term “demented” in Article 1447 of the Civil Code, which is understood to encompass not only dementia as understood in psychiatry but also any mental disorder.
Definitions of Legal Interpretation
- Strict or Declarative Interpretation: This interpretation concludes that the statute should apply only to the cases specifically mentioned, without extending its application to more cases or restricting it unless the text explicitly states.
- Extensive Interpretation: This interpretation concludes that the law should apply to more cases or situations than those specifically mentioned.
- Restrictive Interpretation: This interpretation concludes that the law should apply to fewer cases or situations than those expressly stated.
Vague Language in Law
Vagueness arises when the uncertainty in interpreting certain terms is not due to a lack of understanding of their meaning but because the scope of those terms is unclear. Examples include words like “big,” “small,” “young,” and “old.” While we understand their general meaning, their precise scope is uncertain.
Vagueness is present in legal language, such as when referring to morality, public order, or imminent danger.