Notion and Types of Lacunas and Ways to Deal With Lacunas in the Context of Positive Law

2 Baku St. U. L.Rev. 8 (2015)
Article language: Azerbaijani.

In the article the concept of lacunae is tried to be analyzed from points of view of natural and positive law. In addition, well-known scholars’ perspectives, notion and types of lacunas, ways for in order to get dispose of lacunas, practices of Azerbaijan and foreign countries are examined and those are dissected at the core of article. In the conclusion, the role of elimination of lacunae in legislation and regulation of social relations is emphasized. As a solution it is suggested that in order to eliminate obstacles of lacunae in special hard cases judges should be granted with discretion regarding their role in lawmaking process.

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