IS THERE A PLACE FOR CODIFICATION OF MONETARY LAW: DILEMMAS AND OBSTACLES.

Autor: Dimitrijević, Marko
Předmět:
Zdroj: Ohrid School of Law; 2022, Issue 16, p109-123, 15p
Abstrakt: The subject of analysis in this paper is to point out the need for (potential) codification of contemporary monetary law, which is a very challenging and complex task. In that sense, the paper points out the specificity of monetary law norms, and their hybrid legal nature, taking into account the fact that it has elements inherent in both branches of private and public law. The process of eventual codification of monetary law hinders the dynamism and flexibility of monetary legislation, which, although grateful for solving the problem of legal gaps in extraordinary circumstances when monetary law appears as an outstanding example of the right to necessity, on the other hand, make it sublimation difficult. Also, possible work on codification must take into account the tendency of disintegration of monetary law that is current at the national and international level, so from the corpus of general monetary law stands out Central Bank Law, IMF Law, and European Central Bank Law as independent legal discipline, and the question of skillful action of the monetary legislator and fine adjustment of material and procedural sources of this branch of law in a legally and economically effective and efficient way, which is both purposeful and purposeful and as such immanent to the institute of codification of law. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index