The judicial preventive function
The normative production of the legislator is far away from being a harmonious, consistent and complete task. Instead, reality is precisely the opposite. The loopholes, redundancies, and contradictions are unavoidable and unfortunately frequent, which threatens significant values of the system, such...
Guardado en:
| Autores principales: | , , |
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| Formato: | Artículo revista |
| Lenguaje: | Español |
| Publicado: |
Facultad de Derecho
2018
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| Acceso en línea: | https://revistas.unc.edu.ar/index.php/nomeniuris/article/view/21366 |
| Aporte de: |
| Sumario: | The normative production of the legislator is far away from being a harmonious, consistent and complete task. Instead, reality is precisely the opposite. The loopholes, redundancies, and contradictions are unavoidable and unfortunately frequent, which threatens significant values of the system, such as justice and legal security. However, the rules of our legal system and the positivist conception underlying force to the operators involved –judges, lawyers and civil servant of any type- to give solutions to those normative problems. The “preventive action of damage” is not anexception, and the recent passing of the Civil and Commerce Code obligates the interpreters to deal with these issues on the task of legal construction. Because of that, this paper focuses on making visible the legal matters that preventive action brings within the procedural microsystem in the Province of Córdoba, and suggests certain kind of solutions to return to the normative system the values that we assign it, such as completeness, independence and consistency. |
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