In cases that do not use the written laws, must comply with what has been introduced by custom and usage, and if that was not enough in any case, then what is closest and most consistent
Posted by Manuel Casal | Section "Nulla dies sine linea" - The phrase of the day
Quibus causes of non utimur legibus scripts, custodiri oportet id, quod et moribus consuetudine inductum east, if you re in four deficeret hoc, Tunc et quod proximum consequens ei east.
Julia: Digest 1, 3 In the laws of senatconsults and immemorial custom, 32, pr. (D. 1.3.32.pr.)
* Judge of Appeal judgment dated 8/7/54 Obiols, RJ 17
* TSJC Ruling dated 28/9/98, RJ 989, regarding the need for integrative function and interpretation of legal documents entrusted to the authority of the praetor, with reference to the interpretation of obscure or ambiguous provisions.
* TSJC Ruling dated 29/4/99, RJ 1119, in relation to the identity of limitation periods for tort of public administration and private individuals.
* Aunt TSJC dated 30/9/99, RJ 1287, in relation to the appeal of the analogy and the difficulties of its application to different materials, the difficulty of finding the ratio AEDEMO to apply the AEDEMO dispositio.
* TSJC Ruling dated 27/1/00, RJ 1315, in relation to the application of the provisions of the law of marriage to the union of unmarried couples and the consequences of their extinction, for the same partner and by children who may have, given the lack of regulation and litigation of the same material.
* TSJC Ruling dated 20/6/02, RJ 1787, in relation to the lack of legislation regulating the Principality of all material litigation and the union of unmarried couples and their consequences both for the same extinction partner and by children who may have, it becomes essential to use the analogy.
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Tags: sources of law , preference
