Social changes affect the law, both on the reception of the law and its termination. When the society changes to the extent that the law can no longer be used, such a law can be said to be obsolete. Social changes are those that affect the law to such an extent that it becomes obsolete. The law always refers to a society for which it is intended and therefore directly depends on the behavior in the social sphere. Laws are intended for society, and not vice versa, therefore an obsolete regulation can be a significant obstacle to the smooth functioning of society, especially if the development has gone in opposite direction and is completely different from the purpose of the law that it had at the time of reception. The master's thesis deals with the fundamental theoretical characteristics of the links between society and law, and the influence of society and socially formed habits on the (non) application of the law. Furthermore, the comparative legal aspect of the obsolescence of the regulation and the phenomenon of the institute desuetudo are dealt with differently in various legal systems. In the last part of the master's thesis there are examples of the appearance of the obsolete rule of the law and the concrete presentation of the presence of obsolescence in the legal system.
|
