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
decide firstly in accordance with the rule that it would make as legislator. 


Yanıt Açıklaması:

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. 

Yorumlar
  • 0 Yorum