What follows from the discursive binding effect of the case law for the general binding effect of the statutory law?
2022
Abstract
The aim of the contribution was to explain to what extent the judge is bound by statutory law, to what extent by case law, in connection with § 13 of the Civil Code. In connection with § 13 opinions has been published about the so-called "discursive binding effect of case law", "subsidiary binding effect of case law", and even that case law is a "source of law".
As a result, case law that is not formally binding may in fact have application priority over a generally binding statutory law.