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ROLUL JUDECATORULUI IN IDENTIFICAREA LACUNELOR LEGISLATIVE - JUDGE’S ROLE IN IDENTIFICATION LEGAL GAPS (Romanian version)

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  • ELENA TUDURACHI

    (ASISTENT UNIVERSITAR LA FACULTATEA DE DREPT DIN CADRUL UNIVERSITATII „PETRE ANDREI” DIN IASI, AVOCAT IN BAROUL IASI)

Abstract

Human 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.

Suggested Citation

  • Elena Tudurachi, 2010. "ROLUL JUDECATORULUI IN IDENTIFICAREA LACUNELOR LEGISLATIVE - JUDGE’S ROLE IN IDENTIFICATION LEGAL GAPS (Romanian version)," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 183-188, December.
  • Handle: RePEc:lum:rev4rl:v:1:y:2010:i::p:183-188
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    Keywords

    legal gaps; system; magistrates; law; interpretation.;

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K19 - Law and Economics - - Basic Areas of Law - - - Other

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