Examples of Law Gaps

The institutions, usually the Legislative Power, are in charge of dictating the Laws by which society is governed, and the Power Judicial is in charge of ruling the sanctions in cases where there are inconveniences in terms of compliance with the legal norms.

However, there are occasions when the legal system is not enough to determine the resolution of a conflict, and therefore the personal appreciation specially trained individuals: a case like these is that of the loopholes of law.

Even if the legal structure is so large, in any case Justice is always in the hands of human beings. These are not, in any case, people who limit themselves to reading and resolving conflicts without applying their criteria, but who have a clear intervention. And this is because the legal system does not cover, nor does it pretend to cover, the totality of human actions.

There are usually two classes of susceptible events of being considered ‘empty’ or of ‘absence’ of sufficient regulation.

The resolution of the

legal loopholes can be produced in many ways, highlighting the analogy: there the judge applies rules that are dictated for similar situations, at your discretion. Although the norm does not exist, the judge creates it through common sense.

Other forms of resolution they are the extensive interpretation of a nearby norm, or else the consultation of other sources of law, equating this kind of loophole to the legal loophole.

Examples of loopholes in law

1. When the time comes to resolve a business situation, one of the parties has begun to have a disability that does not allow him to face the decision. As this possibility had not been contemplated in the contract for the conclusion of the agreement, it is the judge who must decide how is resolved, since the date is close and no legal representative has yet been chosen for the disabled.
2. The Law allows all those who profess a certain religion have a holiday on a certain date. However, all the surgeons in a hospital profess this religion and therefore that day there would be no surgeons. If the conflict were to go to court, it would be a loophole in law.
3. Sometimes, changes in certain regulations cause there to be exact dates or times when it is not known which regulation is valid. As these are individual exceptions, they are legal loopholes.
4. It is common for airplanes to be prohibited from entering with knives. However, it is not allowed to enter with a sharp object other than a knife, with the intention of doing so subject to sanction. This is a case of loophole of law, where the procedure is by analogy and by the spirit of the norm.
5. If there is a prohibition to enter a place with a animal (dog), and one person enters with another (cat). The ban could fit the same way.

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