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Systematic Evidence and Legal Texts

Systematic Evidence and Legal Texts

 


Undisputedly, legal experts agree that legal drafting is a precise art, especially when it comes to laws and regulations. However, the skill of reading these texts is even more refined and profound. Not every legal professional possesses the ability to interpret legal texts accurately. While the task of drafting is entrusted to legislative bodies, which means that a legal professional’s lack of drafting expertise might be overlooked, their inability to analyze and delve into the true meaning of legal texts cannot be disregarded.

The skill of reading legal texts begins with understanding systematic instruments, which refer to written documents approved as legal instruments, whether they are laws, regulations, or their equivalents. Reading a systematic instrument requires knowledge of the approving authority and the date of approval. Legislation issued by a decision of approval can only be amended by the issuing authority, using the same procedure by which it was issued. For instance, a ministerial decision cannot amend a Council of Ministers’ decision, in accordance with the principle of legislative hierarchy. Additionally, it is crucial to know the legal foundations upon which the issuance of the legal document is based. A knowledgeable legal professional gains awareness of the legal basis for issuing the document, which allows them to rely on it appropriately in the course of their legal work.

It is also fundamental that the core of a systematic instrument, following approval, lies in the transitional provisions and directives it contains. These usually concern the mechanisms for implementing the legal document, such as adding provisions that amend a rule in another law, partially or temporarily suspending it, creating exceptions to a previous law, or referring to previously unaddressed provisions. Understanding these details protects the legal professional from errors in applying legislative texts.

For example, when reviewing Council of Ministers Resolution No. (678), dated 29/11/1443 AH, approving the Companies Law, it includes transitional provisions for the law’s application. Among these, without limitation, is the provision that it does not affect the rules, jurisdictions, and authorities established for the Saudi Central Bank and the Capital Market Authority. This transitional provision indicates that any reader of the Companies Law must fully understand the pre-existing provisions relevant to these authorities. If a provision in the Companies Law conflicts with provisions in those authorities’ regulations, the latter take precedence. Moreover, the application of the Companies Law to existing companies upon its effective date—as stipulated in Article 281, which states the law comes into force 180 days after its publication in the Official Gazette—must be completed within a maximum of two years, except for provisions determined by the Ministry of Commerce and the Capital Market Authority, each in their respective areas, for compliance within the prescribed correction period. In summary, these authorities retain the ability to subject existing companies to specific provisions of the Companies Law before the two-year period expires.

Some may consider understanding this text as self-evident. However, in practice, a legal professional may hastily provide an opinion without considering these transitional provisions, which are the foundation and core of the legal text. This oversight can lead to misinterpretation, incomplete analysis, and disorganized reasoning, ultimately preventing a proper understanding of the intended meaning of the legal text—an understanding that cannot be achieved without considering and comprehending all relevant legal provisions.


 

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عايض آل عبود
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عايض آل عبود

المحامي