Antinomy between the General Principles of Law (The “City Cemetery” Case)
Izvleček
After briefly presenting the relevant facts, the author highlights two major theoretical dilemmas arising from a recent case (the so-called “City Cemetery” case) that was heard by Croatian courts: the problem of gaps in the law and the problem of antinomy between two principles of law (the principle of nemo plus iuris and the principle of good faith). In an attempt to resolve these dilemmas, the author first presents the general stance on problems of gaps in the law and antinomy in the law and ways of dealing with them within the framework of the general theory of law. Further, the author analyses the quality of the principles in question, including their legal weight. Finally, on the basis of the solutions given in writings on the general theory of law and the results of an analysis of the said principles the author criticises the reasoning of the final judgment in the City Cemetery case and provides a different (theoretical) approach to solving these dilemmas.
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