How to use Mod element for changing the time of entry into force with a condition

Naftali B.

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Jun 3, 2019, 3:59:04 AM6/3/19

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Dear All,

We trying to define an amendment that changes the time of entry into force of another law with certain conditions (some bureaucracy actions),

Can you help us choosing the correct pattern?

Regards,

Naftali B.

Monica Palmirani

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Jun 3, 2019, 4:01:59 AM6/3/19

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Dear Naftali,

please send me the fragment of text of amendment (in English) and I will model in AKN.

I will post the XML AKN snippet here.

Yours,

Monica

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נפתלי ביליג‎

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Jun 4, 2019, 8:47:40 AM6/4/19

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Dear Monica,

Thanks for your reply.

I am rewrite my question.
We trying to represent with akn a law that enter into force in some specific date or after some bureaucracies actions.
This law has also active amendments that should be relevant only when the law enter to force, but we can't tell when exactly it will enter into force.

10. In the Companies Law, 1999 -

(1) In the title of the third chapter of Part Five, the word "and the representative" will be deleted;

(2) Section 209 - repealed;
(3) In section 338(b), the end beginning with the words "may be requested" shall be deleted.

14. This Law shall come into force three months from the date of its publication or on the date on which regulations take effect which will be installed under section 4.

First, i guess that for represent the bureaucracy condition, we need to declare a new element under eventRef, tell me if i right?

Second, is it possible to set two different timeInterval referTo "inforce" under the same temporalGroup?

Third, when or how it will be correct to create the amendment for the "Companies Law, 1999"?

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Monica Palmirani

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Jun 9, 2019, 4:44:43 PM6/9/19

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Dear Naftali,

many thanks for this so interesting example that gives me the opportunity to model "conditioned event that determines the enter into force".

Here after my proposal.

Introduction.

First of all let me say that conditioned event that defines the date of enter into force (or/and also efficacy or/and enter into operational or/and any other date that regulates the life-cycle of the legal document) is not so infrequent. Those events are "uncertain" by definition, and they depend to some conditions (environment conditions - flood, earthquake) or/and to some other external events (e.g., approval of EU regulation, enter in the EU community, publication date, etc.).

For modeling those rules we use LegalRuleML combined with Akoma Ntoso file.

But now we want to focust on Akoma Ntoso XML.

FIRST EXPRESSION

1.I model the modifications in the text

                <point eId="sec_10__list_1__point_1">
                        <num> (1) </num>
                        <content>
                            <p>
   In the title of the <ref eId="ref_10" href="/akn/il/act/xxx/#chp_III__part_V">third chapter of Part Five</ref>, the word <mod eId="mod_1">"<quotedText eId="mod_1__qtdTxt_1">and the representative</quotedText>"</mod> will be deleted;</p>
                        </content>
                    </point>

2. I model the temporal conditions in the text using <event> combined with refersTo that qualifies the fragment of text as "startEnterInforceEventConditioned"

            <section eId="sec_14">
                <num>14.</num>
                <content>
                    <p>This Law shall come into <event eId="event_1" refersTo="#startEnterInforceEventConditioned">force three months from the date of its publication</event> or on the <event eId="event_2" refersTo="#startEnterInforceEventConditioned">date on which regulations take effect which will be installed under section 4.</event>
                    </p>
                </content>
            </section>

3. I have used the following metadata for modeling the modifications:

Note that I use @incomplete="true" @status="incomplete" and I have two <forceMod> because I don't know which condition will happen.

I use also <condition> with @frozen="ture" and a IdRef to the part of the text where the condition is expressed #event_2.

4. I model the metadata of the temporal parameters that are incomplete. We don't have enough information.

SECOND EXPRESSION

When the conditions happen a new expression is created with new metadata (the text is the same):

the modifications are completed with @period <textualMod type="repeal" period="#temporalGroup_1">
a new eventRef is added in lifecycle
<eventRef eId="eref_2" date="2019-09-09" source="#cirsfidUnibo" type="amendment"/>
temporalGroup_1 now is completed
<temporalGroup eId="temporalGroup_1">
<timeInterval refersTo="#inforce" start="#eref_2"/>
</temporalGroup>

You can simplify and remove the unnecessary information in the metadata.
I'd prefer to maintain them, but in a different status="removed".

Let me know if this solution meets your need.

Best regards,
Monica

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example.xml

example-version2.xml

נפתלי ביליג‎

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Jun 19, 2019, 2:55:08 AM6/19/19

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Dear Monica,

sorry for the late reply.

Thank you very much for the detailed answer.

We can definitely use the structure you suggested for our needs.

I have some clarification questions,

1. The decision on the actual date on which the amendment will apply (forceMod) is outside the boundaries of the Akoma Ntoso document and is not dealt with?

The way to tell the doucment that the condition is happend it through LegalRuleML?

2. The correct place for the forceMod is not inside the passiveModifications?

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נפתלי ביליג‎

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Jun 19, 2019, 4:00:28 AM6/19/19

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Dear Monica,
Another question, about the Companies Law, 1999, in my example, after 2019-09-09 when the amendment has already affected the law.

Which period is correct to give section 338(b)?
After all, the change is only in the text of the section, but on the other hand, the change in the text has a different time of entryIntoForce than the original?

There is a solution for this in Akoma Ntoso?, or The revised law should not keep the period of entryIntoForce for this reason?

Regards,
Naftali B.

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