GA Code § 1-3-5 (2021)
2021 Georgia Code|Title 1 - General Provisions|Chapter 3 - Laws and Statutes|§ 1-3-5. Operation of Laws Generally; Retrospective Operation

 Laws prescribe only for the future; they cannot impair the obligation of contracts nor, ordinarily, have a retrospective operation. Laws looking only to the remedy or mode of trial may apply to contracts, rights, and offenses entered into, accrued, or committed prior to their passage; but in every case a reasonable time subsequent to the passage of the law should be allowed for the citizen to enforce his contract or to protect his right.   (Orig. Code 1863, § 7; Code 1868, § 6; Code 1873, § 6; Code 1882, § 6; Civil Code 1895, § 6; Penal Code 1895, § 3; Civil Code 1910, § 6; Penal Code 1910, § 3; Code 1933, § 102-104.)   Cross references.   - Restrictions upon powers of states, U.S. Const., Art. I, Sec. 10, Cl. 1. Bill of attainer; ex post facto laws; and retroactive laws, Ga. Const. 1983, Art. I, Sec. I, Para. X.   Law reviews.   - For article, "Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B. J. 503 (1968). For comment on Griffin v. Air S., Inc., 324 F. Supp. 1284 (N.D. Ga. 1971), see 8 Ga. St. B. J. 414 (1972). For comment on statutes of limitations in medical malpractice actions in Georgia, see 33 Mercer L. Rev. 377 (1981).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Impairing Obligation of Contracts   Retrospective Operation   Remedial Laws    OPINIONS OF THE ATTORNEY GENERAL   Prospective construction.   - In absence of imperative, contrary language, statute is construed to operate prospectively and not retrospectively. 1971 Op. Att'y Gen. No. U71-125.    Laws may apply retroactively when  vested rights are not impaired and where intended to do so by the General Assembly. 1972 Op. Att'y Gen. No. 72-34.   Veterans taking state examination prior to 1960 cannot have preference points.    - Applicants who took an examination and received their scores prior to the effective date of Ga. L. 1960, p. 1172, §§ 1 and 2 (see now O.C.G.A. §§ 43-1-9 and43-1-10), cannot have veterans' preference points applied to those scores. 1972 Op. Att'y Gen. No. 72-119.   RESEARCH REFERENCES   Am. Jur. 2d.   - 16A Am. Jur. 2d, Constitutional Law, §§ 382, 392 et seq. 73 Am. Jur. 2d, Statutes, § 231 et seq.   C.J.S.   - 16A C.J.S., Constitutional Law, § 645 et seq. 82 C.J.S., Statutes, §§ 375 et seq., 394, 574 et seq.   ALR.    - Unconstitutional statute or veto as protection against civil or criminal responsibility for act or omission in reliance thereon, 53 A.L.R. 268.    Retrospective operation of succession tax, 66 A.L.R. 404; 109 A.L.R. 858; 114 A.L.R. 518.    Construction of statutes of limitations as regards their retrospective application to causes of action already barred, 67 A.L.R. 297.    Applicability of constitutional provision requiring reenactment of altered or amended statute to one which leaves intact terms of original statute, but transfers or extends its operation to another field, 67 A.L.R. 564.    Retroactive effect of statutes relating to interest on or penalties in respect of delinquent taxes, 77 A.L.R. 1034.    Retrospective effect of statute relating to causes of action for death dependent upon prior statute, 77 A.L.R. 1338.    Retroactive effect of statutes regarding provisions with reference to avoidance of fire insurance policies, 78 A.L.R. 617.    Constitutional provision against impairing obligation of contract as applicable to statutes affecting rights or remedies of holders or owners of improvement bonds or liens, 85 A.L.R. 244; 97 A.L.R. 911.    Retroactive effect of statute relating to exemption of proceeds of life or benefit insurance, 92 A.L.R. 1388.    Debtor's exemption statutes as impairing obligations of existing contracts, 93 A.L.R. 177.    At what stage does a statute or ordinance pass beyond the power of legislative body to reconsider or recall, 96 A.L.R. 1309.    Retrospective operation of statutes relating to alimony or suit money in divorce, 97 A.L.R. 1188.    Retroactive effect of statute prescribing terms or rights under life insurance policies, 106 A.L.R. 46.    Retrospective operation of succession or estate tax, 114 A.L.R. 518.    Retroactive application of repeal of statute which operated as limitation of or exception to a substantive right of action in tort otherwise arising at common law, 120 A.L.R. 943.    Power of legislature to revive a right of action barred by limitation or to revive an action which has abated by lapse of time, 133 A.L.R. 384.    Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 A.L.R. 1325.    Price ceiling, adopted as a war measure, as affecting preexisting contracts, 147 A.L.R. 1286; 149 A.L.R. 1451; 151 A.L.R. 1450.    Constitutionality, construction, and application of statute or contract regarding deduction from, or adjustment of, wages in respect of defective workmanship, 153 A.L.R. 866.    Statute providing for apportionment between lessor and lessee of a tax imposed upon the producer of oil, gas, or other natural production as violation of the constitutional provisions against impairment of the obligation of contracts, 160 A.L.R. 980.    Effect, as to prior offenses, of amendment increasing punishment for crime, 167 A.L.R. 845.    Validity of curative statute impairing judgment or rendering it ineffective, 171 A.L.R. 1352.   Applicability of constitutional requirement that repealing or amendatory statute refer to statute repealed or amended, to repeal or amendment by implication, 5 A.L.R.2d 1270.   Retrospective operation of criminal negligence statute, 14 A.L.R.2d 726.   What law, in point of time, governs as to inheritance from or through adoptive parent, 18 A.L.R.2d 960.   Retrospective application of statutes relating to trust investments, 35 A.L.R.2d 991.   Retroactive effect of statute fixing minimum value of corporate stock shares or otherwise affecting power of corporation to change par value of existing shares, 54 A.L.R.2d 1289.   Retroactive effect of statute changing manner and method of distribution of recovery or settlement for wrongful death, 66 A.L.R.2d 1444.   Retroactive effect of statute which imposes, removes, or changes a monetary limitation of recovery for personal injury or death, 98 A.L.R.2d 1105.   Retrospective application of state statute substituting rule of comparative negligence for that of contributory negligence, 37 A.L.R.3d 1438.   Retroactive effect of zoning regulation, in absence of saving clause, on validly issued building permit, 49 A.L.R.3d 13.   Zoning provisions protecting land owners who applied for or received building permit prior to change in zoning, 49 A.L.R.3d 1150.   Validity of statute establishing or authorizing minimum price schedules for barbers, 54 A.L.R.3d 916.   Construction and effect of tenure provisions of contract or statute governing employment of college or university faculty member, 66 A.L.R.3d 1018.   Validity and construction of state or local regulation prohibiting off-premises advertising structures, 81 A.L.R.3d 486.   Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 A.L.R.3d 564.   Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.   Zoning: building in course of construction as establishing valid nonconforming use or vested right to complete construction for intended use, 89 A.L.R.3d 1051.