Abstract

A complex of problems, important from a practical as well as theoretical point of view, pertains to the temporal applicability of legal rules (studied by transitional law). When alterations in statutory provisions are performed, the legislator must take into consideration already existing legal positions, constituted by older law. Shall the older provisions continue to be applicable to such positions or be subject to the new rules? Temporal conflicts are conflicts between rules materially applicable to the same case belonging to different static legal systems within one and the same dynamic inter-temporal legal system. The transitional problems and their solutions (simulactivity, retroactivity and infraactivity) are carefully explained. The legal-ideological conflict between retroactive legislation and the value of legal certainty is discussed.

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