According to an urban legend, “Give us clear and precise laws, unchangeable; to interpret laws is almost the same thing with corrupting them” is a word thrown into the wind of the history by François-Marie Arouet, a notary son who studied the Law, but he didn’t graduated…
This word of wisdom is far more exciting than most of the articles of the new civil Code, which should load the memory of the future Romanian jurists. As well as the articles of the new civil Code, this word of wisdom is questionable, for example as follows:
1. The laws may not be clear or precise, because the social reality is so complex that it can be rarely kept clear in a law text scoop. In addition, the legal regulations are inexorable fewer than the realities which are addressed to them.
2. As if it wouldn’t be enough that they are so many, the realities are changing with a superior speed and with a greater depth than is possible to change the laws…
3. The laws must not be unchangeable, because even the fundamental pillars of a country – the river, the branch – are rustling, the more the laws are equally musical.
4. The laws interpretation is the natural task of the judges, who give birth to solutions with each decision that they are getting out of their computer. The lawyers, the bravest and straightest of the auxiliary, are a big help, saving judges time, so busy. How not to be interpreted the laws, and how not to be wrong interpreted when we interpret wrongly even a smile, which is undoubtedly much more familiar and friendly than a law?
5. The corrupted laws resemble with some corrupted computer files, you see them but you can’t understand them. The effect: the legislator will no longer produce the desired social effects. But far too often, the legislator doesn’t know what he wants when he gives us a law. The order word in the area of legal regulation is “Barking up the wrong tree”.
6. The laws are the rare textile among the fabric threads that social relations are blossoming and developing. Even corrupted, the laws support the relations between people which allow us to rest our head every night.
7. Indeed, the corruption in the area of law is ensured by the judges, through the interpretation they do with every motivation. So good! Otherwise, the laws would be in straight nailed boards, in our heads.
If a simple word of wisdom silently bears (normally, how else?) so many comments, the new civil Code even more. If you have something to comment on the new civil Code, now is the time! Have fun!