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Ingles Civil
Ingles Civil
EXPRESS REPEAL: when the repealing law explicitly indicates which provisions
TACIT REPEAL: when the previous law becomes incompatible with the subsequent law
special legislation in addition to those already existing, it does not revoke or modify the previous law.
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.
Chronological Criterion The later standard prevails over the previous one.
Specialty Criterion The special standard prevails over the general one.
When analyzing antinomies, these three criteria must be taken into account for the
conflict resolution:
• 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),