Business Law Deneme Sınavı Sorusu #956516

The primary source of law that should be used if there is a legal gap is:


Customary law.

Constitution.

Civil Code.

Doctrine.

Judge as a law-maker


Yanıt Açıklaması:

The last primary source of law is the judge as a law-maker. When the written laws are silent, a judge trying to solve a case shall try to find a customary law rule; but if the customary law is also silent, this means that there is a legal gap. At this point, the judge has to decide whether this is a real legal gap or not. If it is a real legal gap, this means that there is a need for a regulation which is not provided by the law-maker. Therefore, the judge has to lay down a legal rule himself/herself and decide the case accordingly. If it is not a real legal gap, the judge has to dismiss the case.

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