POATE FI JURISPRUDENŢA IZVOR DE DREPT ÎN SISTEMUL NOSTRU CIVIL ACTUAL?
CAN JURISDICTION BE A SOURCE OF LAW IN OUR CURRENT CIVIL SYSTEM?

Summary/Abstract: By invoking the case-law of CJEU, ECHR or of the High Court of Cassation and Justice in resolving appeals in the interest of law or in dealing with petitions for a preliminary ruling in view of sorting legal matters or even for solving legal cases, many authors believe that jurisprudence is a source of law. Personally, I find this thesis unfounded. In my opinion, the judgments of courts do not stand as sources of law per se, but the laws themselves (or provisions of such), which are generally binding, stand as sources of law. Jurisprudence could only be a source of law if it were regarded as custom.

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