LEGAL PRACTICE A SA METHOD OF OVERCOMING THE CONFLICT BETWEEN THE COMMON AND POSITIVE LAW

Abstract

Legal practice represents a method of overcoming the conflict between the common and the positive law primarily within the private law — by interpretation of positive law, a series of solutions which originate from the common law arve introduced, which is very important for preservation of social balance. Within the public law, where such mechanism does not exist, the problem of conflict is solved by the parallel existance of the common and positive law, thus satisfying the needs of local and global social community.