Evoluţia unor intituţii juridice de la practica judecătorească la reglementarea în noul Cod civil
THE EVOLUTION OF SOME LEGAL INSTITUTIONS FROM THE COURT PRACTICE TO THE REGULATION OF THE NEW CIVIL CODE

Summary/Abstract: Better placed in time and space as regards the concrete social realities, the judge noticed the necessity of establishing some general criteria that have to be complied with in cases invoking unjust enrichment and the lien, the fluctuation of the solutions being eliminated only by a long practice and by checking in time the correctness of the chosen judicial reasoning. From this viewpoint it can be remarked the fact that, without being expressly admitted its character as a source of law, the jurisprudence revealed its indirect potential of creating law. The legal norm setting did not result directly from jurisprudence, but mediated, as a consequence of taking over the constant solutions of the juridical practice and of transposing them into law, confirming the fact that law does not exist and does not develop abstractly, but it has an indissoluble connection with the society which influences according its own requests.

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