JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII
Jurisprudence - Decident Factor in The Development of Legislation

Author(s): Mihaela Aghenitei, Jafar Samdani
Subject(s): Law and Transitional Justice
Published by: Universul Juridic
Keywords: lawmaking; jurisprudence; evolution; coding;
Summary/Abstract: Jurisprudence appears as a feed-back of law enforcement, in practice, being at the same time a synthetic factor, over time, a basis for further lawmaking. There can not be a legislative proposal without adequate motivation to rely on the study of the statistics of the case management modalities in the field. On the one hand, we tend to disregard jurisprudence, as it does not have the force of law except incidental, and on the other hand we use it for legislative purposes, underlying its legislation. It is interesting to approach the encoding in a state at the intersection of the two major legal systems - Kuwait, with legal codes derived from the two legal systems, as the main source of the law and opting for the laws drawn by Western and Medieval traditions while influencing Islamic, tribal customs and colonial harmony, in which personal laws and Islamic attainment are very obvious, especially in commercial laws. Its civil code is based on the legal traditions of tribal regional customs and practices from previous years, and on the other hand, the code derives from the Egyptian code, which is based on French law and has its roots, motives, principles and philosophy of the Roman Code . It was practically developed on the Egyptian model (based on French civil law) for the new legislation.

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