Abstract

This introductory research seeks to underline how a legal gap can be approached as an indispensable “negative moment” within the legal system. It has been supposed that this gap signals a lack in the legal system and, thereby, contributes to its improvement. The matter is much too complex to be managed in a limited space, so here it will not be given a complete explanation of the theory of legal gaps. The purpose will be rather to present a possible way to tackle this issue by sketching how a legal gap could be interpreted not only as a Problem, but also as a Possibility given to a legal system to improve itself.