ROLUL JUDECATORULUI IN IDENTIFICAREA LACUNELOR LEGISLATIVE - JUDGE’S ROLE IN IDENTIFICATION LEGAL GAPS (Romanian version)
AbstractHuman evolution, everything that defines diachronic social, proved that, very often, gaps are revealed after the regulation took place.When the law is imperfect or when it is silent, when it meets the new requirements resulting from changes in society, it is backward, even unjust, is it possible that the judge, through interpretation to recover or adapt, even create the rule? In other words, can we provide case law, within certain limits, the possibility to be one of the sources of law? It is legitimate the law creation made by a body of magistrates whose power is not based on universal suffrage ? The question is to know who is right and who is required to cover these gaps in the law to prevent future cracks in the legal system. It is therefore inevitable that the laws have gaps. The first question placed to the judge is to decide when we are in the presence of a legistativ gap system. This requires defining the notion of gaps, decide which are the causes of poor writing or customary law and which are the solutions.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi in its journal CONFERINTA STIINTIFICA ANUALA INTERNATIONALA - ANNUAL INTERNATIONAL SCIENTIFIC CONFERENCE - II. ROMANIAN LAW/ Jurnalul de Studii Juridice. JOURNAL OF LEGAL STUDIES..
Volume (Year): 1 (2010)
Issue (Month): (December)
Contact details of provider:
Web page: http://jls.upa.ro/
legal gaps; system; magistrates; law; interpretation.;
Find related papers by JEL classification:
- A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
- K19 - Law and Economics - - Basic Areas of Law - - - Other
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela).
If references are entirely missing, you can add them using this form.