Afghanistan Civil Laws CHAPTER 1 PART 2

TOPIC 2—USAGE OF RIGHT

Article 4:

A person who resorts to securing rights before it is due, shall be sentenced to deprivation thereof.

Article 5:

State of emergency shall not cause annulment of right of others.

Article 6:

Damage shall not be repaired by reciprocal action.

Article 7:

Parrying of sedition precedes attraction of benefits.

Article 8:

Legal license negates surety; a person who makes use of his right, within the limits of the law, shall not be responsible for damages accruing from it.

Article 9:

(1) Whenever a person transgresses his right, surety becomes incumbent upon him.

(2) Right can be transgressed in the following cases:

1 – Actions in contravention of customs and tradition.

2 – Entertaining the intention to aggress on other’s right.

3 – Insignificance of personal interest to the damage sustained on other.

4 – Impermissibility of the expedience.

PART 2—APPLICATION OF LAW FROM THE VIEWPOINT OF TIME

Article 10:

(1) Provisions of the law are applicable after publication.

(2) Provisions of the law shall not be retroactive except under circumstances expressed in the law itself or when its provisions are related to public order.

Article 11:

(1) Provisions relating tot capacity are applicable to all persons having qualifications stipulated in this Act.

(2) Where the respective person is recognized as of legal incapacity in accordance with the provisions of the new law, this Act shall not affect his previous possessions.

Article 12:

The new provisions relating to lapse of time shall be applicable as soon as they are promulgated. All cases in which the passage of time is not effected in accordance with the provisions of the previous law shall be subject to provisions of the new law.

Article 13:

Where the provisions of the new law prescribe a shorter period, even though this period may have started before the promulgation of this Act, it shall be subject to the provisions of the new law.

Article 14:

In regard of evidences brought earlier, provisions of those laws shall be applied which were in force at the time of collection of evidence or at the time when the evidence must have been collected.

Article 15:

Time is calculated in accordance with the Hejira solar calendar.

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