The jurisprudence. Formal law source

• Author: Bazil Oglinda
• Position: Bucharest University of Economic Studies, Law Department
• Pages: 120-129

The jurisprudence. Formal law source

Lecturer Bazil OGLINDĂ

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Abstract

The importance of jurisprudential unification lies in the fact that the

jurisprudential discrepancies existing in fields of general interest for society produce a

state of uncertainty, which diminishes the public’s trust in the judicial system.

In general, in the Romanian law system, jurisprudence (the juridical praxis), although it

has been approached regarding the sources of law by Romanian scholars, they reached a

common conclusion, in the sense that it is not a formal source of law.

As far as we are concerned, as we will show in the subsequent developments, we

do not sh are the diffidence manifested b y the authors, generally, with regard to seeing

jurisprudence as not a source of law, with the nuances and parantheses required.

The modern trend was one of closeness and interconditioning between the two

great law systems (the great Romano-Germanic system and the great common-law system),

this is way we have to leave behind the prejudices and to see the fact that, in the Romanian

judicial reality as well, jurisprudence has gained an increasingly significant role.

In the next years, we believe that jurisprudence, by shaping general law principles,

will be recognized as a main source of law.

Keywords: jurisprudence, law source, creator source of law, general law

principles

JEL Classification: K10

1. Preliminary determinations

The jurisprudence (the judicial praxis) is the joint of solutions comprised in

judicial decisions.

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Some authors

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ascribe a narrower sense to the notion of jurisprudence,

remaining only to cases similar to the once previously judged, and to the solutions

given by the law courts in such cases, which makes the term of jurisprudence be

mistaken for case law. Jurisprudence cannot be widely uniform. The judicial praxis

becomes uniform when in similar cases are given similar solutions.

The importance of jurisprudential unification lies in the fact that the

jurisprudential discrepancies existing in fields of general interest for society

1

Bazil Oglindă – Bucharest University of Economic Studies, Law Department,

bazil.oglinda@yahoo.com.

2

O. Ungureanu, C. Munteanu, Drept civil. Partea generală în reglementarea noului Cod civil,

Publishing House Universul Juridic, Bucharest, 2013, p. 42.

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Gh. Buta, Jurisprudența, o nouă veche provocare, in „Revista Română de Jurisprudenţă”

no. 1/2011.