Forţa normativă a adagiilor juridice

dr. ION DELEANU

Prof. univ. emerit - Universitatea "Babeş-Bolyai", Cluj-Napoca

dr. GHEORGHE BUTA

Cercet. ştiinţific, gr. I - Institutul de Cercetări Juridice al Academiei Române

ABSTRACT

With rare exceptions, self-explanatory, the legal adages have proven out to be law constants, that are so enfranchised and widely accepted that, often, they have been converted from "rules" to "arguments".

Jurisprudence has capitalized them and is still capitalizing them either in the consideration of "their inherent binding legal force", since, in their essence, they are objectified through legal rules, hence borrowing their value, either in the consideration of "their normative force" Ek within the newer meaning assigned to this concept Ek as "reference", as "guidance", as "standard" of interpretation and enforcement of the provisions of positive law.

Two of these adages present a paradoxical and arguable legal circumstance: specialia generalibus derogant (special departs...