STYLE AND LANGUAGE IN WRITING LAWS. THE SITUATION OF THE ROMANIAN CIVIL CODE

Abstract

The debates on the drafting of laws in general and codes in particular are not recent but are an eternal topic of political and legal science, which is returning with increasing force. The same topic, but each time approached for different reasons and in different contexts, which gives it a permanent topicality. The current scientific approach addresses the traditional issue of rules regarding the style and language of drafting a normative act. The analysis does not claim an exhaustive study in the field, but represents a call for reflection, the purpose being mainly to analyze, 10 years after the entry into force of the new Romanian Civil Code, to what extent it manages to meet accessibility requirements and intelligibility. In order to be able to truly know an institution or a legal phenomenon, in order to be able to identify its vices and qualities, it is necessary to first clarify the concept itself and establish its foundations. Therefore, the first part of the study is devoted to the theoretical aspects related to legislation, codification and presentation of the rules on the style and language of normative acts. The second part of the study focuses on highlighting, by way of example, some legal norms in the current Civil Code whose intelligibility is questioned.