Legislative Techniques

Summary: 1. Repeal .- 2. Repeal .- 3. Replacement .- 4. Added .- 5. Modification .-

1. REPEAL

The repeal is partial cessation of a code of law, supreme decree or a regulation, that is, by annulling repeal of a statute.

For example the first part of paragraph 2 of the First Repeal of the Civil Procedure Code 1993 Peruvian repeals sections 6, 7, 8, 9, 10, 11, 12, 317 and 318 and paragraphs 7, 8 and 9 of Article 21 Code of Commerce of Peru, 1902, the same happens with the final part of Article 2112 of the Peruvian Civil Code of 1984 which repeals sections 297 to 314, 320 to 341 and 430 to 433 of the Code of Commerce of Peru, 1902.

The repeal has two classifications are as follows, for the first classifies the repeal, partial repeal and total repeal, whose qualification for the first form is called abrogation abrogation and repeal the second form is called abrogation.

The repeal is partial repeal of a rule and the total repeal is to rescind all of a standard.

The second classification of the repeal is known for which the repeal may be express or implied. This means that both the partial repeal as the fall in total repeal and repeal expressly repealed by implication.

The repeal is expressed when literally or expressly repealing a provision of law and the repeal is implied when not expressly repealing any rule or literal, ie an assumption of implied repeal is when it is identified as expressed in the standard that supersedes all rules that conflict with the law passed, and another case of tacit derogation is where that phrase without setting the new standard covers all regulated by the above rule.

2. Repeal

The repeal is the total cessation or complete a Code, a law, a Supreme Decree, or of a regulation, that is, for the repeal annulling all or the full text of a statute. That is, when repealing the entire text of an article of a rule consists of several items, we are not appealing to a course.

For example, the 1969 Health Code contained in Decree Law 17505 was repealed by subsection A of the Fourth Transitory and Final Supplementary Provision of the General Health Law contained in the Law 26842 published on 20/07/97. Another example of abrogation is as follows: Code of Traffic and Road Safety, 1987 contained in Legislative Decree 420 was repealed by Article 2 of Supreme Decree which approves the National Traffic Regulations, DS 033-2001-MTC published on 24/07/2001.

It should be noted that the repeal is also called total repeal.

3. REPLACEMENT

Substitution is where a rule and repeals a rule or set of previous rules establishing the new content of the rule or set of rules.

For example, the first provision amending the Civil Procedure Code 1993 Peruvian replaces the contents of Article II of the introduction of the Peruvian Civil Code 1984.

4. ADDED

The aggregate is when a rule or an article of a standard is usually added a paragraph or a numeral, as occurs when a Code, a law, a supreme decree, or regulation is added to some items such or a title, chapter or sub chapter. That is, when an addition is made to a standard does not exist any kind of repeal.

For example, the Civil Procedure Code 1993 Peruvian add the second paragraph of Article 2011 of the Peruvian Civil Code 1984.

5. MODIFICATION

The modification is a generic legal term that occurs in all cases except those mentioned assumptions total repeal and replacement. That is, a rule is modified when it is partially repealed, it partially replaces, or makes an addition to a standard. As such books are included in some tables include all the changes that has taken the original text of some legal provisions.

For example we can say that the Code of Commerce of Peru, 1902, the Code of Criminal Procedure, 1940, the Peruvian Civil Code 1984, the Peruvian Criminal Code of 1991, the Peruvian Civil Code of 1993 (even before entering into force) The 1999 Tax Code and the Code of Children and Adolescents of 2,000 have been modified.