SOLUTIONS FOR THE JURIDICAL ORDINATION INCOMPLETENESS

Authors

  • Nardim Darcy Lemke FURB

Keywords:

Lacunas. Incompletude. Analogia. Bons Costumes. Princípios Gerais de Direito. Eqüidade.

Abstract

The present text is a continuation of the article called Juridical ordination incompleteness and its possible solutions, published in this Magazine, which discusses possible normative solutions for the juridical system incompleteness, which is, for some people, a subject of fundamental relevance, a true dogma of juridical ordination. Such juridical gaps are denied by several jurists who do not admit their possibility in the ordination, only in the law. The Omnipotent state, monopolizer of Law production, would have regulated all possible cases that are submitted to it. By admitting the presence of juridical gaps, the focus is the possible solutions: analogy, habits, general principles of law and equity. Key words: Gaps. Incompleteness. Analogy. Good Habits. General Principles of Law. Equity.

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How to Cite

Lemke, N. D. (2008). SOLUTIONS FOR THE JURIDICAL ORDINATION INCOMPLETENESS. Revista Jurídica (FURB), 11(22), 41–66. Retrieved from https://ojsrevista.furb.br/ojs/index.php/juridica/article/view/693

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Artigos