A legal optimization precept or rule of law which should be followed as far as possible. As part of the law, general principles of law do not represent binding normative circumstances in the way that explicit legal norms do, but can be seen as rules of law which should be followed as far as possible. Since they do not carry such rigid binding force as norms of the legal order proper, these principles are called optimization precepts. For example, the principle deriving from Roman law which holds that agreements are to be kept (pacta sunt servanda) is a general judicial starting-point to which there are many exceptions. Hence it is possible to be released from excessively harsh and inequitable contractual obligations on the basis of, inter alia, the principle of reasonableness. Finnish law includes numerous general principles of law carrying legal validity which can be mutually contradictory without their validity as such being affected.
Posted on: Sat, 02 Aug 2014 20:29:37 +0000
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