Examples of Gaps in Law

The institutionsusually the Legislative Branch, are in charge of ruling on the laws by which the company is governed, and the Judicial Branch is in charge of ruling on sanctions in cases where there are inconveniences in terms of compliance with legal regulations.

However, there are occasions in which the legal system is not enough to determine the resolution of a conflict, and therefore the personal appreciation of specially trained individuals: a case like this is that of the legal loopholes.

Even if the legal structure is so large, in any case, justice is always in the hands of human beings. It is not, in any case, people who limit themselves to reading and resolving conflicts without applying their criteria, but who have a clear intervention. And this is because the legal system does not cover, nor does it pretend to cover, the totality of human actions.

There are usually two classes of susceptible events of being considered ’empty’ or of ‘absence’ of sufficient regulation.

The resolution of the legal loopholes It can be produced in many ways, highlighting the analogy: there the judge applies rules that are dictated for similar situations, at his discretion. Despite the fact that the norm does not exist, the judge creates it through common sense.

Other ways of resolution they are the extensive interpretation of a nearby norm, or else the consultation of other sources of law, equating this kind of gap to the legal gap.

  1. When the time comes to resolve a business situation, one of the parties has begun to have a disability that does not allow him to face the decision. Since this possibility had not been contemplated in the contract for the conclusion of the agreement, it is the judge who must decide how it is resolved, since the date is near and no legal representative for the incapacitated person has yet been determined.
  2. The Law allows all those who profess a certain religion to have a holiday on a certain date. However, all the surgeons in a hospital profess that religion and therefore there would be no surgeons that day. If the conflict were to go to court, it would be a legal loophole.
  3. Sometimes, changes in certain regulations produce dates or exact moments in which it is not known which regulation is valid. As these are particular exceptions, they are legal loopholes.
  4. It is common for airplanes to be prohibited from entering with knives. However, it is also not allowed to enter with a sharp object that is not a knife, with the intention of making it subject to sanction. This is a case of legal lacuna, where the procedure is by analogy and by the spirit of the rule.
  5. If there is a ban on entering a place with an animal (dog), and a person enters with another (cat). The ban could fit in the same way.
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Categories Law