Arhitectura juridică a interferenţei funcţionale a principiului echităţii cu principiul legalităţii
Legal Architecture of Functional Interference of the Principle of Equity With the Principle of Legality

Summary/Abstract: This scientific approach includes an analytical analysis on the link between the principle of equity and the principle of legality made through the prism of the degree of doctrinal recognition and their legal validation, which consequently reflects the diversity of theoretical concepts on those principles. The legal non-recognition of the principles of legality and equity in the modernized Civil Code was the causal support to make a doctrinal inventory regarding the identification of those principles in the realization and defence of civil rights. The conceptual support of this study focused on identifying legal and doctrinal landmarks that validate the interference of these principles and which was detached from their functional aspects and legal inaccuracies that suppress the applicative substitution of the magistrate for situations when the law is obscure or generates unfair situations. The elucidation of the bridges (interconnections) between the principle of equity and the principle of legality allowed the appreciation of the applicative value of each principle in the realization and defense of civil rights and their position in the hierarchy of the system of fundamental principles of law in general and civil law in particular.

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