The Ambiguous Use of the Term «Inciso» in Partial References to Legal Precepts

From the perspective of the analysis of legal language, we start from the assertion that in partial references to legal precepts (and in quotes and reference), to laws to support a legal argument without quoting the laws verbatim, both in legal codes and in the application of the law, the use of the noun inciso leads to ambiguity.

The article starts with a diachronic analysis of the meaning of the term and proceeds to carry out a comparative study with other legal systems.  Through myriad examples, it illustrates the polysemy that leads to imprecision regarding the text of the rule being referred to.  This polysemy stems from the coexistence of the general meaning of “part of a paragraph” with the meaning of a subdivision of a legal precept in the third or fourth degree.

The article seeks to stress that for the sake of legal certainty, it is necessary to reject the use of this term.