АНАЛОГИЯ НА ПРАВНИТЕ НОРМИ (ANALOGIA LEGIS) КАТО СПОСОБ ЗА ПРЕОДОЛЯВАНЕ НА НЕПЪЛНОТИТЕ ПРИ ПРАВОПРИЛАГАНЕТО
LEGAL RULES ANALOGY (ANALOGIA LEGIS) AS A METHOD TO OVERCOME LEGAL GAPS IN THE PROCESS OF APPLICATION OF THE LAW

Summary/Abstract: The subject matter of this article is "analogia legis” as a method to overcome the legal gaps in the process of the application of the Law. It comprises particular rational procedures which present the specific legal attributes of “analogia legis”. The following sequence of procedures are applied by the judge whenever a legal gap is recognized: The judge considers the presence of any explicit legal prohibition as a reason against using “analogia legis”. The detection of a legal rule to serve as a juridical basis for the resolution of the case. Thirdly, the judge estimates the agreement between the detected analogical legal rule and: a) the purpose of the particular legal normative act, where a legal gap could be found; b) the rules of morality. As a fourth stage comes up the development of a specific, so called “case Rule” by means of the structural and functional analogy on the basis of the analogical legal rule. The last stage of the procedure is to overcome the legal gap through the analogical, individually-made “case rule”. The method of “analogia legis” has been illustrated with an example taken from the Bulgarian legal environment where a typical case of legal gap and its overcoming by means of analogia legis has been presented and analysed.

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