On the Role of Precedents and Legal Certainty in German Private Law
The article discusses the role of precedents in the German judicial practice. In the European continental tradition, law enactment is within the legislature, whereas the role of the judiciary is to enforce law. In the continental system, precedent does not constitute a source of law sensu stricto, t...
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| Format: | Article |
| Language: | English |
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Maria Curie-Skłodowska University
2018-05-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/6602 |
| _version_ | 1819274197312995328 |
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| author | Bernd H. Oppermann |
| author_facet | Bernd H. Oppermann |
| author_sort | Bernd H. Oppermann |
| collection | DOAJ |
| description | The article discusses the role of precedents in the German judicial practice. In the European continental tradition, law enactment is within the legislature, whereas the role of the judiciary is to enforce law. In the continental system, precedent does not constitute a source of law sensu stricto, that is, a formal source of law. In order to guarantee the law utility and, ultimately, the legal certainty, courts interpret legal provisions in a unified manner. It is noteworthy that during the recent years the coherent interpretation of legal provisions and, by the same token, the commitment to law development, have increased. That means that a unified interpretation of law performed by courts may be considered a precedent. In this context, precedents and stare decisis have been replacing the logical interpretation of law in German courts. |
| first_indexed | 2024-12-23T23:04:36Z |
| format | Article |
| id | doaj.art-12bc425d4f9c427bbdfd4ce385c91258 |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-12-23T23:04:36Z |
| publishDate | 2018-05-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-12bc425d4f9c427bbdfd4ce385c912582022-12-21T17:26:50ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752018-05-0127110.17951/sil.2018.27.1.1074992On the Role of Precedents and Legal Certainty in German Private LawBernd H. Oppermann0University of HanoverThe article discusses the role of precedents in the German judicial practice. In the European continental tradition, law enactment is within the legislature, whereas the role of the judiciary is to enforce law. In the continental system, precedent does not constitute a source of law sensu stricto, that is, a formal source of law. In order to guarantee the law utility and, ultimately, the legal certainty, courts interpret legal provisions in a unified manner. It is noteworthy that during the recent years the coherent interpretation of legal provisions and, by the same token, the commitment to law development, have increased. That means that a unified interpretation of law performed by courts may be considered a precedent. In this context, precedents and stare decisis have been replacing the logical interpretation of law in German courts.https://journals.umcs.pl/sil/article/view/6602precedentlegal certaintygerman legal systemlegal methodinterpretatio logica |
| spellingShingle | Bernd H. Oppermann On the Role of Precedents and Legal Certainty in German Private Law Studia Iuridica Lublinensia precedent legal certainty german legal system legal method interpretatio logica |
| title | On the Role of Precedents and Legal Certainty in German Private Law |
| title_full | On the Role of Precedents and Legal Certainty in German Private Law |
| title_fullStr | On the Role of Precedents and Legal Certainty in German Private Law |
| title_full_unstemmed | On the Role of Precedents and Legal Certainty in German Private Law |
| title_short | On the Role of Precedents and Legal Certainty in German Private Law |
| title_sort | on the role of precedents and legal certainty in german private law |
| topic | precedent legal certainty german legal system legal method interpretatio logica |
| url | https://journals.umcs.pl/sil/article/view/6602 |
| work_keys_str_mv | AT berndhoppermann ontheroleofprecedentsandlegalcertaintyingermanprivatelaw |