Introduction to Law Deneme Sınavı Sorusu #536617
Which of the following statements about the gaps in law is false?
Gap-filling is, in a sense, a judicial law-making, which is also called as judgemade law. |
Analogy plays an important role in closing gaps within the legal system. |
In criminal law, for example, for the sake of legal certainty, analogical or customary justifications of criminal sanctions are excluded. |
In Turkish law, judges whose law creating activity is not binding upon other courts. |
In the Turkish law, in the absence of a provision, the court shall |
Article 1 of the Turkish Civil Code points out that ın the absence of a provision, the court shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that it would make as legislator.
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