Results 21 to 30 of about 277,049 (342)

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

The Presumption of Common Language as an Interpretive Paradigm and Its Opponents in Polish Legal Theory

open access: yesKrytyka Prawa, 2023
In my paper, I reconstruct Jerzy Wróblewski’s theory of interpretation. My goal is to show that this theory has the characteristics of a paradigmatic theory because of the importance of the presumption of common language, which is a fundamental element ...
Zbigniew Pulka
doaj   +1 more source

The presumption of innocence in EU law: One step forward, two steps backwards [PDF]

open access: yesCrimen (Beograd), 2021
The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive ...
Nenadić Svetlana
doaj   +1 more source

The Law Commission presumption concerning the dependability of computer evidence [PDF]

open access: yes, 2020
We consider the condition set out in section 69(1)(b) of the Police and Criminal Evidence Act 1984 (PACE 1984) that reliance on computer evidence should be subject to proof of its correctness, and compare it to the 1997 Law Commission recommendation that
Ladkin, P. B.   +3 more
core   +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

A theory of legal presumptions

open access: yesJournal of Law, Economics, and Organization, 2000
This article analyzes how legal presumptions can mediate between costly litigation and ex ante incentives. We augment a moral hazard model with a redistributional litigation game in which a presumption parameterizes how a court ‘‘weighs’’ evidence offered by the opposing sides.
Antonio Bernardo   +2 more
openaire   +3 more sources

The Principle of Reversing the Burden of Proof in Money Laundering Crimes

open access: yesJurnal Cakrawala Hukum, 2023
This article analyzes the principle of reversal of the burden of proof adopted in Article 77 and Article 78 of the Law. The purpose is to explain related to the principle of presumption of innocence (presumption of innocence), which has been adopted in ...
Arief Amrullah
doaj   +1 more source

Commorientes. Einige Bemerkungen zu dem Rechtsinstitut im polnischen Zivilrechtsystem

open access: yesClio@Themis, 2021
This paper is devoted to the issue of the presumption of death of two or more people at the same time according to the Polish civil law (art. 32 KC).
Aldona Rita Jurewicz
doaj   +1 more source

The relativity of the abstract feature of negotiable instruments with an emphasis on judicial procedure [PDF]

open access: yesمطالعات فقه و حقوق اسلامی, 2023
The separation of negotiable instruments from the civil obligation is the separation between two legal relationships, which is called abstract presumption. The most important aspects of this presumption: indebtedness and lack of attention to flaws in the
Reza Mirtaheri   +2 more
doaj   +1 more source

DOMNIEMANIE OJCOSTWA - RATIO DECIDENDI USTAWODAWCY

open access: yesZeszyty Prawnicze, 2017
Paternity’s presumption - ratio decidendi of Legislator Summary Paternity’s presumption is an important legal tool in contemporary Polish civil law. It enables e.g to define the civil status of a private person. Paternity’s presumption is regulated in
Aldona Jurewicz
doaj   +1 more source

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