Practice question · Multiple choice
Spanish jurisprudence is classified as a complement to the legal order rather than a source of law. What follows from this distinction when a judge resolves a dispute?
Hints
- Does Article 1 CC empower judges to generate new rules when resolving disputes?
- What precise duty does Article 1.7 CC impose on the judiciary whenever statutory guidance is absent?
Show the answer
C. Case law clarifies existing rules without creating autonomous norms
Why
Confusing jurisprudence with custom or general principles mistakes judicial guidance for norm creation. Conflating statutory silence with an excuse to dismiss cases ignores Article 1.7 CC, which compels courts to rule despite gaps.
Practise Sources of Law and the Legal Order
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