Abstract

DIAZ GARCIA, Iván  and  DELGADO CASTRO, Jordi. Civil law versus binding judicial precedent: Dialogues with academics from (Latin) America and Europe. Derecho [online]. 2021, n.87, pp.105-138. ISSN 0251-3420.  http://dx.doi.org/10.18800/derechopucp.202102.004.

This paper addresses binding judicial precedent. The semi-structured interview was used as a methodology for execution and a total of thirty-two academics from ten countries in Latin America and Europe participated of it. The results are structured around the arguments for and against precedent as a theoretical position; to narrate how vertex courts and inferior courts behave on precedents; and finally, to know the roadblocks that prevent following precedent correctly.

Keywords : Judicial precedent; precedent application; precedent in civil law; precedent in common law.

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