Results 1 to 10 of about 275,624 (288)

On the Existence of Irrefutable Legal Presumptions

open access: yesСибирское юридическое обозрение, 2020
The article criticizes the traditional approach to the definition of the concept of legal presumption and its legal properties. The possibility of the existence of legal presumptions that do not reflect the repeatability of life processes is ascertained.
N. N. Tsukanov
doaj   +2 more sources

The legal presumption in the procedures Act [PDF]

open access: yesالرافدین للحقوق, 2010
A legal presupposition is considered to be a situation put forward by a legislator violating a fact. It aims at marking certain legal consequences at which one can not reach except through the legal presupposition.
Yaser Basim Thanon, Jotyar Abdulla Ahmed
doaj   +2 more sources

Validation of legal and judicial presumption in criminal proceedings [PDF]

open access: yesمطالعات فقه و حقوق اسلامی, 2021
Proving a criminal case has always faced difficulties and one of the methods to prove a crime is to use the presumptions. Legal presumption and judicial presumption are two types of presumptions in Iranian law.
Zahra sadat Managheb   +1 more
doaj   +1 more source

Legal Fictions and Presumptions in Russian Constitutional Law

open access: yesМосковский журнал международного права, 2013
The article focuses on the role and significance of legal fictions and presumptions in modern Russian law. Analyzing the Constitution of 1993, several important federal statutes, and also the practice of the Constitutional Court, the author concludes ...
K. V. Karpenko
doaj   +2 more sources

The Legal Presumption of "Unexplained Wealth"; A Comparative Study of English and Iranian Law [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2023
The study examines a relatively novel legal presumption called "Unexplained Wealth Orders" (UWRs). According to this legal rebuttable presumption that is accepted in some countries, including England, a person is required by court order to explain about ...
seyyede omolbanin Hoseini
doaj   +1 more source

The presumption of innocence as a constitutional phenomenon

open access: yesПравоприменение, 2023
Report. The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers. It is considered in legal science from the point of view of its origin, legal formalization, content and meaning.
A. N. Shupitskaya
doaj   +1 more source

Law Enforcement and Legal Presumptions [PDF]

open access: yesJournal of Comparative Economics, 2001
Abstract We compare two alternative legal presumptions, one more pro-defendant than the other, with the objective of reducing bureaucratic corruption to any target level at minimum social costs, broadly defined to include law enforcement costs, trial costs, and verdict error costs.
Bac, M., Bag P.K.
openaire   +4 more sources

EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

open access: yesRevista Eletrônica de Direito Processual, 2021
The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring
Vítor Souza Cunha
doaj   +1 more source

Pragmatic Maxims and Presumptions in Legal Interpretation [PDF]

open access: yesLaw and Philosophy, 2017
The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light ...
Macagno, Fabrizio   +2 more
openaire   +4 more sources

Normative analysis of the paternity presumption in Article 1073 of the Civil Code of China

open access: yesHumanities & Social Sciences Communications, 2023
The legal system of parentage is a mature rule in traditional civil law, encompassing the acknowledgment and denial of parent-child relationships. In China, the parentage legal system outlined in the Civil Code is a guiding provision that requires ...
Wenting You, Jun Feng
doaj   +1 more source

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