Course work Analogy of right and Analogy of law

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Term paper on the theory of law on "analogy of right and analogy of the law" 29 pages
Section I. The legal gaps and gaps in legislation
1.1Zahalna gaps characteristics, their causes
1.2Sposoby eliminating and overcoming gaps. Subsidiary application of the law
Section II. General characteristics similar rights and analogy of the law as a means to address the gaps
2.1Ponyattya law analogy and analogy of law
2.2Pryntsypy requirements, conditions for the application of the law of analogy and similar rights
2.3Analohiya law and analogy of law in civil law
2.4Zastosuvannya analogy in law Ukraine
Section III. The issue of legal gaps
3.1Zahalni problems of legal gaps
3.2Problemy gaps in proceedings
REFERENCES and Literature

Additional information

No legislation can not take into account the variety of social relationships that vymahayust regulation. Therefore, in practice, law enforcement vynykayust situations when you need to solve specific business and legal rules that would regulate these specific relationships, no. In this regard, there are gaps. In addition, often the passage of the second stage of the application of the law, namely in establishing the legal basis of the case - selection and analysis of legal norms - there are situations when pravozastosuvach finds no rules governing the findings. Then considered such a thing as a "gap in the law."
Gaps in the law occur, usually where there is the contradictory norms of equal strength if one of them "kills" another.
Gaps in the law - a complete or partial absence of effective legislation norms regulating social relations that are in the regulation.
Gaps in legislation - a complete or partial lack of legal provisions in existing legislation, which, based on the principles of law to be resolved certain social relations.
Bridging gaps is in the process of law enforcement with:
- Analogy of the law
- Similar rights
The analogy of the law - it is solving a particular case or legal issue on the basis of legal rules designed for such cases.
The analogy of law - in certain cases the presence of gaps in the legislation and the lack of similar standards, based on the principles of law in general principles or industry or institution of this field of law.
The relevance of the study is the need to institute similar basic principles and requirements of its application, the values for the individual branches of law in the development of Ukrainian legislation. After all construction in Ukraine democratic social legal state, it is necessary that the law of our country meet international standards, and absorbed the best traditions and experience the world of law past and present, and the analogy of law and analogy of law, known since the Roman private law plays away important role in this respect.
The aim was examining the concept of, revealing characteristics and requirements for use of analogy and similar rights law, showing its place and role in the gaps in terms of construction in Ukraine of law.
The objective of the study was similar law and analogy of law as one of the main ways to overcome and eliminate gaps. Disclosure characteristic features necessary conditions and requirements for use of analogy Institute. Also explore the place and importance of the institute analogy in Ukrainian legislation.
The object of the study were actually right analogy and analogy of law as the basic ways gaps.


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