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Albastroiu Roxana The law the source of codification

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Albastroiu Roxana The law the source of codification

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  1. THE LAW – THE SOURCE OF CODIFICATIONRoxana Gabriela Albăstroiu, Ph.D. candidate, Faculty of Law and Administrative Sciences, University of Craiova, POSDRU/88/1.5/S/49516 „Creşterea calităţii şi a competitivităţii cercetării doctorale prin acordarea de burse”.

  2. The present study tries to: - identify the systematic stages of law in the coding action and - to formulate the principles which give stability and sustainability to the Code in time.

  3. “If the law is there to express the standardized values, all the more, this role is amplified in a Code.”Jean-Etienne-Marie-Portalis

  4. The duality of the Code:- the ideological basis can transcend his every letter, his title, his preliminary or his plan, but, especialli his content. - the legal reality “described” by the law, must be the most accurate conversion of the social reality, otherwise, the “law was born dead”.

  5. All of this are presented to be able: - to determine the basis of codification; - to analyze theimplants that the social, political, economical and religious environment made every time in the procedure of codification; - to determine the social realities who must be legislated, but especially in the systematization act of law.

  6. The law perceived as the foundation of the code is passing to a certain trivialization cauzed: by the legislative inflation; by the lack of the interpretation of law that we allready have in the system.

  7. In the codification we need to determine and analyze:1. The systematic stages of law in the codification.- The identification of law sources that "describe" the specific social relations;-The adjustment and complementarities between the laws and the social reality;

  8. 2. The terms of maintenance and viability of the codification system.- The steady improvement of law to the social reality;- The flexibility and diversity codification methods.

  9. Conclusions:The positive effects of codification are often outweighed by the negative effects: the confusion between the law and the political or economical views, the loss of morality in law, the extreme positivism, etc.We need to rediscover the beneficial effect of "the golden age law".

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