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Positive Law

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Positive Law 

the aggregate of laws in force at a given moment. Historically, the concept of positive law developed within the school of natural law: laws in force in a country, which change at the will of the legislature in connection with changes in the life of society, were distinguished from natural law, which was considered common to all peoples, eternal and unchanging, and supposedly determined by human nature itself.

The term “positive law” is used in legal science to describe legal norms recognized by authority and to distinguish them from norms that have been rescinded or have lost force in actual fact, as well as from ideas of norms that have not yet been adopted but are desirable in the future (drafts of laws, proposals, demands, and legal ideas). In this sense the term de lege lata (according to existing law) is sometimes used to signify positive law. If a given question is not decided by existing law but a decision is desirable, the expression de lege ferenda (according to future, proposed law) is used.



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Therefore tends not to allow the codification of natural law, amounting to the category of Justice, while allowing the encoding of positive law as the best legislative practice.
Thirdly, although positive law of particular European states is still not uniform, the proposition to let the parties themselves (in certain peremptory restrictions) change the duration of the prescription period, with reference to specific circumstances and specifics of relations, is being expressed louder, too.
 
 
 
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