The scholars will be the ones to give it some form and who flesh out a lot of the opinions in the reports . Lines of cases often identified in treatises. Note that the identity of the person is not that important. Regardless of who they are, judges, practitioners, professor, the commentators in the reports are performing a scholarly function . Commentator's opinions not effective until adopted by the Court, or the legislature.
Commentators often influence the lasting effect of a judicial decision or series of decisions.
De jure , i.e., by law. 1 Swiss Civ. The law regulates all matters to which the letter or the spirit of any of its provisions apply. In the absence of an applicable legal provision, the judge pronounces in accordance with customary law and, in the absence of a custom, according to the rules that he would establish if he had to act as legislator. He is guided by the solutions consecrated by juristic opinion and case law.