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Legal Facts and Dependence on Representations

open access: yesJournal of Social Ontology, 2016
Barry Smith has recently argued against John Searle’s thesis that institutional facts exist because they are represented as existing in a certain community.
Almäng Jan
doaj   +5 more sources

The Multidimensionality of Legal Facts

open access: yesTeisė, 2021
This article explores the multidimensionality of legal facts in their various aspects, which are considered atypical in “mechanical jurisprudence.” As a result of the research, the author concludes that the multidimensionality of legal facts is ...
Hanna Shafalovich
doaj   +3 more sources

The Burden to Plead Legal Facts

open access: yesInternational Journal of Procedural Law
Abstract The second sentence of Section 17(3) of the Swedish Code of Judicial Procedure provides that, in cases where out-of-court settlement is permitted, a court may not base its judgment on a circumstance not pleaded (Sw. åberopa ; Ger. Behaupten
exaly   +2 more sources

Lawful and Unlawful Acts in the System of Legal Facts of Penal Law: Theory of the Issue [PDF]

open access: yesПенитенциарная наука, 2021
Introduction: the article considers lawful and unlawful acts as major types of legal facts that influence the functioning of penal relations. In the theory of law, these legal phenomena have remained virtually outside the scope of scientific attention ...
EGOR E. NOVIKOV
doaj   +1 more source

Manufacturing Legal Facts

open access: yes, 2023
Kristin Y. Albrecht, Sebastian Ibing
exaly   +2 more sources

The Formation of the Legal Facts Theory in the Context of the Development of Legal Science

open access: yesTeisė, 2021
This article reveals misconceptions in the study of the theory of legal facts in Roman law studies . The use of an institutional approach in Roman law studies led to the conclusion that there are no elements of the legal facts theory in Roman ...
Hanna Shafalovich
doaj   +1 more source

Legal Positivism Social Source Thesis and Metaphysical Grounding: Employing Metaphysical Grounding based on Metaphysical Laws [PDF]

open access: yesArchiwum Filozofii Prawa i Filozofii Społecznej, 2019
The core of legal positivism is the so-called social source thesis, which claims that legal facts are determined only by social facts. I examine an interpretation of this thesis that uses metaphysical grounding as an exact relation between legal facts ...
Szymon Mazurkiewicz
doaj   +1 more source

Adventitious facts in civil litigation In Iranian and French law [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2022
The subject matter of the claim form is determined by the claims of the parties in the claim form and the defense bills, so the scope of the court in the proceedings will be determined.
Kheyrollah Hormozi, Masoomeh Keshtkari
doaj   +1 more source

Impressions on the Margins of a Book: Subjective Reflections on the General Part of Civil Law

open access: yesErdélyi Jogélet, 2023
The present study intends to formulate some general conclusions on civil law, on the margins of reviewing the textbook used in legal education at the Cluj-Napoca Faculty of Sapientia Hungarian University of Transylvania.
László Leszkoven
doaj   +1 more source

Semantics of legal concepts and natural kind terms: D. Patterson’s arguments [PDF]

open access: yesОмский научный вестник: Серия "Общество. История. Современность", 2021
The paper is devoted to the analysis of the arguments of the american legal philosopher Dennis Patterson regarding the applicability of the natural kinds terms to the semantics of the legal language.
A. B. Didikin
doaj   +1 more source

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