书评“Abuzul de drept”,作者Camelia Ignatescu,由LUMEN出版社出版

Alexandra Huidu
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引用次数: 0

摘要

要分析的这一卷是罗马尼亚学说多年来所需要的一项工作(在将这一主题专门用于广泛讨论这一问题的专著的意义上),因为滥用法律仍然是罗马尼亚立法和判例未涉及的法律制度。在实践中,滥用法律与其他法律制度之间经常存在混淆,例如法律欺诈、法律表象、沉默,本文正是对这些问题进行了研究。从这一观点来看,它概述了国家一级和比较法领域的有关立法和理论,以便填补罗马尼亚立法中的空白(从业人员仍然认为关于滥用法律的少数法律不够充分)。它还审查了有关的罗马尼亚案件,而且不仅是在理论上进行结构化的分析,重点是根据其特点澄清法律滥用制度的概念和情况。这个主题也从一般法律原则的角度加以考虑,这些原则要求在法律没有具体规定和法院避免澄清的情况下维持秩序,这对那些感到需要一种鼓舞人心的工具来推动其决定的法官来说是一个有用的指导。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Review of the volume “Abuzul de drept”, author Camelia Ignatescu, published by LUMEN Publishing House
The volume to be analyzed is a work that was required in the Romanian doctrine (in the sense of dedicating this subject to a monograph that would treat it extensively) for many years, since the abuse of law is still a legal institution not covered by the Romanian legislation and jurisprudence. There is often confusion in practice between the abuse of law and other legal institutions, such as fraud in law, appearances in law, silence, and the paper examines precisely these issues. From this point of view, it presents a summary of the relevant legislation and doctrine in the field, both at national level and in the comparative law, in order to fill the gaps in the Romanian legislation (the few laws on law abuse are still considered by practitioners to be insufficient). It also reviews the relevant Romanian case and not only in a theoretically structured analysis, focused on the clarification of the concepts and the circumstance of the institution of the abuse of law in terms of its characteristics. The theme is also considered from the perspective of general principles of law called to place order where the law does not specify and the courts avoids clarifying, being a useful guide to working for judges who feel the need for an inspirational tool for motivating their decisions.
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