ARGUMENTATIVE UTILITY OF THE JUDICIAL PRECEDENT AS A FOUNDATION FOR THE INTEGRATION OF JUDICIAL DECISIONS

Abstract

It is important to understand that for the correct handling of the judicial precedent the judiciary must be prepared. That is, taking into account the revolution in the way of conducting legal argumentation within the process promoted by the system of precedents. The Code of Civil Procedure laid the seeds for the development of a system based on the principles of cooperation, rationale, integrity, coherence and legal certainty, against the background of using judicial precedents in order to "link" a previous decision with a later case.

Keywords

• argumentation
• code of civil procedure
• rationale
• judicial precedent