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This work seeks to present a new concept of the general theory of law, that of validation, related to those of validity, legal force, binding force, invalidation and convalidation. Validated norms in a legal system constitute a subset which neither coincides with valid norms, nor with those in force, nor either with those which have been convalidated. The text offers us a rigorous concept of invalidation by means of formal definitions. For now, it is enough to say that the concept of validation indicates a type of actions which operate on other actions or norms, declaring or presupposing their validity in accordance with certain criteria, and endowing them with temporary binding force, as long as they are not declared invalid; while, at the same time they lessen the possibilities that such a declaration of invalidity should take place. The presence of such validation actions and their institutional necessity in the current legal systems is shown, with regard to general norms (for example, enactment, publication) as well as with regard to actions performed by private individuals (for example, notary’s public affidavits, Registrar’s entries). Lastly, validation is associated with the presumption of validity.

Validación: construcción de un concepto de teoría general del Derecho