In cases where no provision exists, the judge should decide according to the existing customary law; and in the absence of customary law principles, the judge should decide, where necessary, according to the rules he would himself lay down as if he were the legislator. The judge may also use the doctrine and the precedents (court decisions) as guidance.

When the above mentioned article is taken into account, a judge should first use the written sources of law and while using them he/she should understand the provisions not only with the letter but with the spirit as well. In private law matters, when the written laws are silent, in other words, when there are no provisions applicable, the judge must look for the existing customary law principles; and when they are silent as well, if the judge thinks that there is a necessity for a rule, he/she should lay down that rule then and decide accordingly. However, this provision as a whole is not applicable in public law, especially in criminal law. In criminal law, there is a very important principle: “there is neither crime nor punishment without a written law”.