Earlier, legistic 'hyperlink rot' was mentioned right here, whereby a provision refers to a different provision that has been specified within the meantime. One other type of legistic 'reference rot' is content material drift The place an article refers to a different provision, which nonetheless formally exists, however the place the content material of the supply to which is referred to is not related. This can be much more annoying as a result of it isn’t instantly clear to the reader, not like a damaged hyperlink, that there’s an error within the reference.
An instance of that is artwork. 4:23 WVV. This text declares, amongst different issues, the provisions of the partnership relevant to the VOF and Commv, with just a few exceptions which are primarily associated to the absence of authorized persona within the partnership.
One of many provisions which are excluded is artwork. 4:14, second paragraph WVV. On the time of the approval of the WVV, this was the present third paragraph of artwork. 4:14:
Opposite to the primary paragraph, if it issues a silent firm, third events solely have a narrative on the companion or supervisor who has acted with them in a private identify. Third events don’t have any direct declare in opposition to the opposite companions.
That’s certainly a provision that makes little sense for the VOF or Commv. (I additionally suppose it’s a notably helpful provision for the partnership – however that may be a totally different story).
Nonetheless, for the reason that legislation of April 21, 2024, a brand new second paragraph has been retracted into artwork. 4:14:
Towards the companion who has not been knowledgeable or has not acquired any information of the proceedings the place the partnership has been ordered to pay such a declare, the choice can solely be applied whether it is served. He can object within the method and inside the interval stipulated within the Judicial Code, even when the enchantment choice might be appealed.
It’s clear that this proper of resistance (for which right here) applies to all corporations with limitless legal responsibility and allocation of procedural acts to the companions – together with the VOF and Commv. The explanatory notes to the invoice that this provision additionally explicitly reveals that the best of resistance applies in each partnership, VOF and Commv (rationalization of legislative proposal, DOC 55 3466/001passim).
The reference in artwork. 4:23 is simply incorrect. The legislator has did not artwork. 4:14 Al. 2 to be adjusted to 4:14 Al. 3. When altering the supply to the place was referred to.
Proper is just not a pc code and the reference to 'second paragraph' should even be learn with out a a lot -needed restore as a reference to 'third paragraph'. The intention of the legislator is paramount, even when the textual content needs to be placed on the rack to search out out that intention.
There’s clearly a purpose why the Grasp's diploma in legislation, simply as for Grasp in Arithmetic, lasts 5 years.
Joeri Vananroye
Photograph: Palace of Justice with two cows (C) Joeri Vananroye