Konflikt dóbr i kolizja norm
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Date
1989
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Publisher
Wydział Prawa i Administracji UAM
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A conflict of goods and a collision of norms
Abstract
In the process of applying the law there often appears the need to settle
a conflict of goods. A conflict of goods is a symptom of a collision of legal norms.
Norms ordering to protect or realize some good (legal principles) are marked with
a specific feature, i.e. their realisation is graduable. Settling a collision of principles,
unlike settling a collision of rules, does not lead to recognizing one of
colliding principles as non-valid.
The way of settling a collision of goods depends not only on a determined
in abstracto hierarchical position of particular goods, but also on weight which
should be ascribed to particular goods in certain circumstances. A hierarchical
position of goods is determined in abstracto, whereas weight may be ascribed to
them in specific factual circumstances. Weight of a goods is relative, i.e. it may
be determined only in relation to another good in a given factual situation.
One may formulate some minimum requirements for settling conflicts of goods.
Firstly, colliding goods should be properly identified and should be of legal
character. Secondly, a hierarchical position of goods should be properly determined.
Thirdly, criteria of ascribing proper weight to some goods in a given situation
should be formulated and justified. They should be of generic character and the
application of those criteria should be based on properly determined facts. The
above requirements are of legal character, and a control based on those requirements
is concerned with legality of a decision settling conflicts of goods.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 1, s. 1-15.