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Interpretation and further development of the law in the practice of civil law examinations

Journal Contribution - Journal Article

Interpretation and legal training are among the elementary "tools" of legal methodology. Not only do they facilitate the understanding of individual regulations and their interaction in the structure of the standard. Correctly applied, they also offer important means of independently arguing legal issues in the written exam and "collecting" important points for this. Nevertheless, experience shows that methodology is not very popular with many students. One reason for this may be that the significance of the legal methodology - often perceived as abstract - is not immediately apparent in the exam. Especially in the first years of studying law there is a strong temptation to withdraw to (memorized) opinions and principles; the courage to develop an argument independently is often lacking here. This overlooks the fact that the vast majority of the literary views and case law principles received in this respect can be traced back to the interpretation and further development of a norm. If this is borne in mind, many an argument appears clearer and many a "prevailing opinion" more comprehensible.
The following article is an attempt to show the most important areas of application of interpretation and further development of the law in the civil law case solution and to process these in a "user-friendly" manner. The article addresses the practice of civil law examinations in the early semesters of law and business law studies.
Journal: Ad legendum
ISSN: 1614-614X
Issue: 03
Volume: 03/2020
Pages: 209-216
Keywords:Interpretation and further development of the law in the practice of civil law examinations
  • ORCID: /0000-0002-5511-3681/work/83058276
Accessibility:Closed