Legal loopholes: The Challenge of the Justice to the Lack of of Standards
Sometimes, legal operators are faced with situations where there is no standard specific that applies to the /// concrete. Then the duda whether a new legal consequence should be created or whether there is a gap or vacuum legal.
What is a legal loophole?
Is the absence of a standard specific that regulates a certain situation. The article 4 del Code Civil law Dominican forces the judge to dictate sentences even in cases of silence, darkness or insufficiency of the law, So penalty of being persecuted by denial of justice.
Tools to fill the gaps:
In the face of a void legal, the judge cannot refuse to judge. You must use the tools provided by the right to integrate the lagoon and solve el ///:
- Law School extension: apply other rules frame of the right that, although not specific, may offer a solution al ///.
- Acting extensive: extend the reach of a standard close to cover the unregulated situation.
- Analogy: apply rules to similar cases, essentially creating a new one standard for /// .
- Other sources of law: resort to custom to General principles of law.
Techniques to avoid gaps:
- Cross-standards: establish primary and supplementary rules to minimise the possibility of legal loopholes.
