Fake gap

A false gap in the law exists if the law does contain an answer to a certain legal question, but this answer in the specific case is factually completely unsatisfactory, i.e. blatantly offensive and unjust. To a certain extent, there is no exception to the law which should apply. The unreal loophole calls for a correction of the law.

Term-Nr.: 360

German: Unechte Lücke (803)

Source: LK-Lötscher, 11.05.2020