Tiesu prakses nozīme nolēmumu juridiskajā argumentācijā civiltiesībās

Abstract

The work considers the meaning of practice of courts in the legal argumentation of decisions in general, as well as in Civil Law. The aim was to discover the essential meaning of the practice of courts in the argumentation of new decisions, as well as to prove, that now in Latvia there exist practices of courts, as an argument, problem of application in the formation of new court sentences and decisions. To achieve the denoted aim the author divided the work in 3 parts – the first part examines the concept, essence and place of practice of courts in the Latvian court system. In the second part an author analyses a necessity and variety of the legal argumentation. In same queue, the third part contains the value and analysis of the practice of courts in Civil Laws, using both Latvian and foreign experience in this sphere. As a result of research it can be seen, that in Latvia as well as in Europe they talk a lot about the meaning of practice of court as an argument in the formation of decisions, however Latvian courts use it rarely as an argument. In the work the author discovers, that the essence of the problem is reflected by the circumstances, that in Latvia the influence of two various families of rights still can be felt – the passing Socialistic family of rights and Continental European family of rights of nowadays.