STATUTORY INTERPRETATION

Law Level (Juris Doctor) on Statutory Interpretation



Law Level (Juris Doctor) On Statutory Interpretation

Introduction

If it is a judicial power to interpret, it is also one of his duties, as provided in Article 4 of the Civil Code, but it does not specifically grant such powers to the judge (Bork, 2000). But this is mainly to judges the task of interpreting the law belongs. That is why the preliminary draft of a book of the Civil Code, dealing with issues of interpretation, setting out the powers of the judge and the methods to implement, was born. This project was abandoned, because for some, we must not give the judge the power of interpretation. It may, indeed, modify or create the law, then it is for the legislature to do so. Therefore, nowadays, it is the Court of Cassation, which controls the judge in its mission of interpreting the law. This is an implicit control (Drake, 2005).

Discussion & Analyses

If the interpretation is based on the purpose of the rule, then the text must be interpreted according to the needs of society and that when interpretation is performed. Whenever the judges of the Supreme Court adopted the old laws to new needs is by doing so. For example, the concept of public order and morality contained in section 6 of the Civil Code, whose wording is identical to that of 1804, has aligned with the new requirements.

In addition, a text that has meaning for the uninitiated, may not be the same for lawyers. For example, former section 333 of the Civil Code provides that if it appears that marriage is not between two parents, the benefit of legitimation may still be given to the child by court order to that provided is, at the place of the parent who requires the possession of status of natural child. The word impossible in common parlance means that which can not be done, while for the case, then this translates into a barrier outside the parents' wishes. Some courts held that the word impossible includes a failure of will, that parents do not want to marry, but also a lack of power, that is to say that parents can not marry. The judge must determine in each case and in the circumstances, if the marriage should be deemed impossible (Court of Appeal of Paris, December 7, 1976). The judge seems to have a fairly broad powers of interpretation (Rua, 2001).

In many cases, the judge also uses the general principles of law to interpret the text submitted to it. They used him to fill a legal vacuum, to fill gaps in legislation and are often a means of interpretation of new laws. The different methods should however be based on the purpose of the law. An interpretation may be based either on the will of the legislature or on the purpose of the rule itself. In the first case, the interpretation seeks to address personal concerns of its ...