Facultatea de Drept / Faculty of Law

Permanent URI for this communityhttps://msuir.usm.md/handle/123456789/6

Browse

Filters

2021 - 20242

Settings

Subject: search.filters.subject.judicial precedent

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    Jurisprudența ca izvor de drept: dileme normative și doctrinaire
    (CEP USM, 2024) Butucea, Eugen
    The article contains a study of the place and value of case law in the system of sources of law. As a result of the analysis of several doctrinal opinions, the author argues that case law is not a source of law, it is an important source of uniform interpretation of law by the judiciary in the context of the dispensation of justice.
  • Thumbnail Image
    Item
    PERSPECTIVELE PRECEDENTULUI JUDICIAR ÎN MANIFESTAREA DE FORMĂ A DREPTULUI NAȚIONAL
    (Artpoligraf, 2021) Negru, Andrei
    The judicial precedent is not recognized as a formal source of law in the national legal system for various reasons. This investigation intends to reconsider this formal source of law, in the sense of continental law, emphasizing its axiology on the stability of legal relations, on the quality and efficiency of national justice, on the necessity to motivate the acts of justice. It is also intended to elaborate a mechanism of legitimation of the judicial precedent in the national legal system.