The Role of the Court in Filling Legal Gaps

Abstract

The purpose of the article is the study of the etymology of the gaps in the law, objective and subjective reasons for their occurrence, ways of addressing and trial as the most efficient way to fill in gaps in the law. Methods. In the research general scientific and private law methods were used. In particular: analysis of the legal framework, synthesis, comparative analysis, legal-technical method. Results. In this article features of regulatory concerns restoration of the right by the Judicial replenishment in different legal systems are being analysed in the example of the most common ones — Anglo-Saxon and Romano-Germanic. The problem of the “hopelessness” of the right connected with the absence of the possible complete elimination of the legal gaps is being analysed, also the negative impact of legal gaps on the life of society is being considered. Conclusions. It is advisable to review the role of judicial precedent in Romano-Germanic countries and equate them to sources of law to the extent necessary for elimination of gaps in the law.