Confronting the issue of civil law methodology to fill the legislative gap Comparative analytical study

Abstract

The problem of legislative deficiency is a reality and exists, so it must be confronted in order to find a solution to it. This problem is faced by judges when considering the cases before them, and thus they must strive to supplement the legislative deficiency by the means available and stipulated in Paragraph (2) of Article (1). of the Iraqi Civil Code, but despite the presence of these means, the judge may face other cases that cannot be solved by these means. Thus, they must resort to the interpretive sources stipulated in Paragraph (3) of the above article, and we have discussed in some depth these interpretive means of their value and necessity as a source of civil law.