Elements for an equitable interpretation of law
Patricio Sáez-Almonacid
Published 2022-12-09
Keywords
- Civil Law – El Salvador,
- Equity (Law),
- Equitable resources,
- Theory of Law,
- Legal argumentation
Copyright (c) 2022 Entorno
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Abstract
The objective of this analytical article is to make a proposal of a model to interpret the law according to natural equity. This latter concept is recognized in Art. 24 of the Civil Code of El Salvador and it is the last criterion of interpretation—along with the general spirit of the legislation—recognized by the code itself. However, it is interesting to note that, in spite of what has just been mentioned, natural equity, unlike its peer, the general spirit of the legislation, has not been the subject of in-depth analysis. The few existing studies on this topic are dedicated— almost exclusively—to conceptually explain natural equity, leaving aside another equally relevant issue: its effectiveness. In this line, and starting from an analytical methodology, this study seeks to provide a formal model on law interpretation that allows to supply this deficiency.