ROOTING THE ROLE OF THE JUDGE IN FORMING THE LEGAL BASE A COMPARATIVE STUDY

The gap in the law or the silence of the law means the lack of legislation and the absence of a legal ruling dealing with the dispute before the judge. The deficiency in the law is not to include the legal text for the need for detailed or partial provisions. In both cases, the judge is required to complete this deficiency and to remedy it. The legislator aware of his inability to grasp the smallest things and its details and to keep abreast of the ongoing developments in economic and social life, therefore the judge was given an important role in forming the legal rule. In civil law, ithas figured prominently in principles of justice and in the legal texts prohibiting the judge from refraining from realizing the right. Finally, in the adaptation of the law in accordance with the circumstances and these three cases is the subject of our research. We address them in some details. Activating the role of the judge in achieving justice through text in law legislative which commit the judge to refer principles of justice and proposing to solve disputes instead of blind commitment to texts that may achieve justice sought by disputing parties