Methods of Overcoming Legal Uncertainty in Civil Proceedings

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Authors: Aleksandr Tarasov
Cited by: 0

Abstract

The presented article analyzes the ways to overcome legal uncertainty in civil proceedings. The author classifies the ways to overcome legal uncertainty in civil proceedings into two groups: law enforcement methods (judge’s discretion, legal fiction, and judicial precedent) and regulatory methods (analogy of law and analogy of right). Based on the classification, the article provides a description of these methods and their application in civil proceedings.

Fields of Study & Subjects

Legal processes and jurisprudence Legal Language and Interpretation Legal principles and applications

Publication details

Journal / source
Russian judge
Pages
18–23
Publication date
22 January 2026
Language
EN