General Clause of the Socio-economic Purpose of the Law and the Statutory Interpretation of the Norms Pertaining to Property

Abstract

As far as the legal doctrine is concerned, there are various approaches to the legal provisions – general clauses, as a general clause of social – economic use of law. Specially, it is connected with the relationship the aforementioned to the law of property. Among these approaches, there are some that underline the necessity to delete such provisions because these clauses are not up to date. Nowadays, the division between law of property, does not exist (such a division was a characteristic of PRL law system) – the critics say. Other approaches underline the significance of such general clauses. Such provisions relate to the social function of the law of property, so that the balance between individual interest and general interest could be sustained. It is underlined that the legal structures analised, although used in PRL legal system, may be applied in the social, legal construction of law property that appears in social Catholic Church doctrine (applied on the Constitution of RFN as well).