Introduction of Laws and Rights in Libya
Laws and rights in Libya are a crucial part of the country’s legal framework, serving to define the rights and responsibilities of both citizens and the government. With a complex history marked by changes in leadership and political dynamics, Libya has seen evolving legal structures. These laws encompass a wide range of areas, including labor rights, human rights, property rights, and more, all with the aim of providing a framework for justice, equality, and the protection of individual liberties. Despite challenges in the wake of political turmoil, Libya continues to work towards establishing and upholding a legal system that safeguards the rights and well-being of its people.
Article (1) Principles of Law
1- Legislative texts apply to all issues that these texts address in their wording or content.
2- If there is no legislative text that can be applied, the judge will rule in accordance with the principles of Islamic Sharia. If they do not exist, then in accordance with custom. If they do not exist, then in accordance with the principles of natural law and the rules of justice.
Article (2) Repeal of laws
A legislative text may not be repealed except by subsequent legislation that explicitly stipulates such repeal or includes a text that conflicts with the text of the old legislation, or regulates anew the subject whose rules were previously determined by that legislation.
Article (3) Adoption of the Gregorian calendar
Appointments are calculated according to the Gregorian calendar, unless the law stipulates otherwise.
Article (4) Using the legitimate right
Whoever uses his right in a legitimate manner will not be responsible for the harm that results from that.
Article (5) Illegal use of the right
The use of the right shall be unlawful in the following circumstances:
A) If it is intended only to harm others.
b) If the interests it aims to achieve are of little importance, such that they are not at all proportionate to the harm that befalls others as a result of them.
c) If the interests it aims to achieve are illegal.
2- Law enforcement
Conflict of laws in terms of time:
Article (6) Legal capacity
1- The texts related to eligibility apply to all persons who meet the conditions stipulated in these texts.
2- If a person who had the capacity according to old texts returns, lacking capacity according to the new texts, this does not affect his previous actions.
Article (7) The statute of limitations is effective
1- The new texts related to the statute of limitations apply from the time they are implemented on any statute of limitations that has not been completed.
2- However, the old texts are the ones that apply to issues related to the beginning, stopping, and interruption of the statute of limitations, for the period preceding the implementation of the new texts.
Article (8) Reducing the statute of limitations
1- If the new text stipulates a shorter period of limitation than what the old text stipulated, the new period shall run from the time the new text comes into effect, even if the old period had begun before that.
2- If the remainder of the period stipulated in the old law is shorter than the period stipulated in the new text, the statute of limitations expires upon the expiration of this remainder.
Article (9) Evidence prepared in advance
The texts in effect at the time the evidence was prepared, or at the time when it should have been prepared, apply to evidence prepared in advance.
Conflict of laws in terms of location:
Article (10) Libyan law is a reference in the event of a dispute
Libyan law is the reference in adjusting relationships when it is required to determine the type of these relationships in a case in which there is a conflict of laws, in order to know the law that should be applied among them.
