Kollízió

Kollízió is a Latin term meaning collision or conflict. In a legal context, it refers to a clash between two or more legal norms, such as laws, regulations, or legal principles. This conflict can arise when two or more legal rules apply to the same situation and prescribe different or contradictory outcomes. The resolution of kollízió is a fundamental task in legal systems, aiming to maintain consistency and coherence within the law.

There are several types of kollízió. Temporal kollízió occurs when a new law supersedes an old one, raising questions about which law applies to events that occurred during the transition. Spatial kollízió arises when different territorial laws apply to a situation, often seen in international private law where disputes involve parties or events connected to multiple jurisdictions. Material kollízió happens when two or more substantive legal provisions conflict.

Legal systems employ various principles to resolve kollízió. A common principle is that of hierarchy, where a higher-ranking norm (e.g., a constitutional provision) prevails over a lower-ranking one (e.g., a statute). Another principle is that of specialty, where a specific rule takes precedence over a general rule. The principle of temporality dictates that a later law repeals an earlier one if they cover the same subject matter. When these principles are insufficient, courts interpret the norms to find a harmonious solution or may have to choose one norm over the other based on broader legal principles or legislative intent. The objective is always to achieve a just and predictable legal outcome.