Please note that the most interesting applications, as well as the answers of the editors, can be published on the website, which contains information about the author of the question (we use exactly the signature placed in the application without revealing the email address); We reserve the right to make abbreviations or necessary corrections. The submission of an application is equivalent to consent to its publication on the website. Please read the website`s privacy policy at the same time. Legal definitions are generally defined as provisions that define the meaning of terms, terms used by the legislator in a particular legal text. The function of legal definitions is to eliminate and limit ambiguous, vague and incomprehensible formulations. According to A. Malinowski is “a legal definition of any definition formulated by a legislator, inserted in a legal text, and concerning a word/phrase that appears in a legal text. The mere fact that it is included in a legal text determines that it is considered a legal definition, the purpose of justifying its formulation, interpretation, etc. is irrelevant. The legislator formulates legal definitions for words that have a primary meaning in the linguistic context, as well as those that are not clear enough in the linguistic context in which they appear in the legal text. Words/expressions adopted by the legislator from the language of modern Polish are not defined in the text of the law only if he considers them to be sufficiently clear.
By including it in a legal text, a legal definition acquires a normative character, which consists in requiring the person interpreting the law to behave in a certain way of linguistic behaviour in relation to the attribution of meaning to the word/expression that constitutes the definition of that definition. It is a kind of metanorm” (A. Malinowski, Polish legal language. Selected editions, Warsaw 2006, pp. 156-157). There is more than one technique for formulating such definitions. For example, let`s compare how provisions on concepts as far apart as the warranty against defects, the regular review of a construction object, the dividend date and compensation were formulated. In accordance with Article 146(1) of the Annex to the Prime Minister`s Decree of 20. June 2002 on “Principles of Legislative Technique”, a definition of a particular term is formulated in a legal or other normative act if: (1) a particular term is ambiguous; (2) The term is vague and it is desirable to limit its vagueness; (3) the meaning of the term is generally not understood; (4) In view of the purpose to be regulated, it is necessary to define a new meaning for a given term. On the law firm`s Facebook page: www.facebook.com/lodz.adwokat.lodz.kancelaria.adwokat.jakub.lawicki/, we are launching the campaign to publish the legal definitions contained in legal acts of general application. Definition formulated in the current normative act, which generally refers to a term with a legal meaning (i.e. a term mentioned in the applicable legislation).
NOTE: After submitting your application, you will receive an email asking you to confirm it. Legal definitions apply when an entire term, expression or act is interpreted literally. They are part of the guidelines of the right language (not the legal language!). Make sure you have entered the correct email address and fill in all the fields. Under Article 147(1) of the abovementioned Annex, it is prohibited to use that term in any other sense where the meaning of a particular term is determined by definition in a law or other normative act. In the literature on this subject, Z. Ziembiński points out that legal definitions play the role of provisions that determine how a legal text is interpreted. They require that a word or expression that appears in a legal act be understood in this way and not otherwise (Z. Ziembiński, Logika praktyczna, Warszawa 2009, p. 232).
Example: Section 3(13) of the Environmental Protection Act 2001 states that any person who relates to the protection of the environment means taking or refraining from taking measures to maintain or restore the natural balance. The words “take or refrain from taking measures to maintain or restore the natural balance” thus constitute the legal definition of the concept of “protection of the environment”.