MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ
Actual Jurisprudential Manifestations in The Application of Volition Autonomy Principle

Author(s): Andreea Mariana Sima
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: jurisprudence; evolution; autonomy of will; timeliness; source of law;
Summary/Abstract: The legislative instability facing the current Romanian law system has led to a series of continuing challenges in the application of the rule of law, so that jurisprudence created around new legal institutions has gained new valences, especially for law practitioners who feel obliged to pave the way and procedure of applying new legal provisions.Against this background, jurisprudence, a secondary source of law that has entered into obscurity, has regained its vitality and redefined a means of guiding the legal visions in the current legislative cobweb.Reaffirmation of case law as a source of law does not occur at random, but it is also supported by a technological factor that has facilitated access to information, nowadays access to decisions made by national and international courts being much easier and, consequently, the spreading of the way in which legal texts are applied or interpreted.In addition, as the Romanian state has been in a long transition period, through the prerogative of interpreting legal norms, judicial practice has succeeded in making possible the symbiosis between the new social realities and some unchanged legal provisions.

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