The phenomenon of judge law or the “Hohfeld case” revisited

The article examines the still disputed phenomenon of so-called judge law. This term implies ability judges “to make law” besides national legislative body. Although proponents law were often accused trying to destroy paradigm supremacy acts over all other legal acts, including court decisions, ideology never questioned crucial importance normative emanating from bodies. problem these is that they – more than not do reflect real social conditions, a particular confronted with. In many cases, cannot rely on because in terms French Code Civil necessary provisions are non-existent, fuzzy, or insufficient. Nevertheless, any has properly adjudicate case at hand if he/she eager circumvent accusation denial justice. According Hohfeld professional lawyers, judges, usually coherent while using fundamental concepts, such as “contract”, “property”, “business”, “corporation” etc. practical life it means following: either one can depict his her interests “rights” simply legally non-existent.