Legal Gaps and Will of Law

Abstract

In this work we reflect about the issue of legal gaps from several different aproaches, although all complementary. First of all, we must establish a clear concept of legal gap with which we can advance in further reasoning. Next, we expose the main theories for the solution of the problem of legal gaps: the theory of empty legal space and the theory of exclusive general rule. These theories are critically presented, confronting the docrines of multiple authors. We will also try to elaborate a third theory that allows us to solve the problem of the legal gaps in a more adecuate way, reasoning from the other ones.