Le Model Standard de Developpement du Droit par le Juge en Allemagne
The Standard Model of Development of Law by the Judge in Germany

Summary/Abstract: This article, the last of series of three, examines the standard model (Canaris) for development of statute law by German judge. This is a methodological field situated beyond the pure interpretation. The judge realizes here the filling of gaps and the development of statute by using, indirectly, the methods and interpretation systems analyzed in the previous paper (especially the subjective teleological interpretation and the objective teleological interpretation). It becomes also of a first importance the use of arguments such as the analogy with earlier legislative solution. The article analyzes in detail the concept of gaps and the mechanisms used to discover them and to fill them out.

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