Methods of Overcoming Legal Uncertainty in Civil Proceedings
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