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EXCEPTIONAL LAWS: link the validity period to certain circumstances.

REPEAL: the suppression of the effectiveness of a law by means of another law.

EXPRESS REPEAL: when the repealing law explicitly indicates which provisions

(or laws) are being repealed.

ABROGATION: all previous law is repealed.

DEROGATION: only part of the previous law is revoked.

TACIT REPEAL: when the previous law becomes incompatible with the subsequent law

or when it entirely regulates the matter covered by the previous law.

GENERAL OR SPECIAL PROVISIONS: the new law, which establishes general or

special legislation in addition to those already existing, it does not revoke or modify the previous law.

ULTRACTIVENESS: is the ability of a law to, after being repealed, continue

regulating consolidated situations during the period in which it was in force. Eg: law of

temporary validity.

ANTINOMY: is the conflict between two norms. It involves the existence of two

or more standards applicable to the same case, but which offer incompatible solutions.

Faced with conflict, three criteria must be used to resolve it:

Chronological Criterion The later standard prevails over the previous one.

Specialty Criterion The special standard prevails over the general one.

Hierarchical Criterion The higher standard prevails over the lower.

When analyzing antinomies, these three criteria must be taken into account for the

conflict resolution:

a) chronological criterion: later norm prevails over previous norm;

b) specialty criterion: special standard prevails over general standard;


c) hierarchical criterion: higher standard prevails over lower standard

Antinomies are classified as follows:

• 1st degree antinomy: conflict of norms that involve only one of the criteria

exposed above.

• 2nd degree antinomy: clash of valid norms involving two of the criteria

previously analyzed.

2nd degree antinomy: clash of valid norms that involves two of the criteria above

analyzed.

The issue involves a collision between a previous special norm and a general norm

subsequent, that is, a collision between two of the analyzed criteria (chronological and specialty),

classifying itself as a 2nd degree antinomy.

In the 2nd degree antinomy:

• Between chronological and special criteria, the special one prevails.

• Between chronological and hierarchical criteria, the hierarchical one prevails.

• Between special and hierarchical criteria, the hierarchical one prevails.

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