SOME CONSIDERATIONS REGARDING THE RULE OF LAW, ELABORATION, INTERPRETATION AND ENFORCEMENT OF CIVIL LAW (II)
SOME CONSIDERATIONS REGARDING THE RULE OF LAW, ELABORATION, INTERPRETATION AND ENFORCEMENT OF CIVIL LAW (II)

Summary/Abstract: Courts, necessarily, interpret law in the process of solving cases. In this regard, interpretation represents an essential stage in the enforcement of the law. Law – as a work of art of the legislature – cannot be exhaustive, and if it is deficient, the law system, even a Romano-Germanic one, like ours, in which the judicial precedent does not represent a source of law, recognizes, however, the creative role of the judge. Regarding the divergences in interpretation, over the time, three main causes were identified: legislative incoherence and instability, the situations in which the legislature is not expressing clearly enough, the enactment being poorly written, and the situation in which the interpreter, in his approach, substitutes the will of the legislature.

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