Position of the Binding Effect of Case Law in the Interpretative Methodology of Continental Law

Abstrakt

In continental law, interpretation of law means primarily interpretation of normative legal acts or normative treaties. Normative legal acts, i.e., legal regulations, are the predominant source of continental law, the primary object of interpretation.Their interpretation is primary, whereas values, principles, opinions, doctrine, legal tradition, purpose of the law, case law, explanatory memoranda for draft legislation, historical circumstances in which an act was enacted (occasio legis), moral convictions of society, or economic and sociological findings constitute secondary objects of interpretation, which can be, and in certain cases must be, taken into account.

Klíčová slova

• Position
• Binding Effect
• Case
• Interpretative Methodology
• Continental Law