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Normative analysis of the paternity presumption in Article 1073 of the Civil Code of China
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
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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
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The presumption of innocence in EU law: One step forward, two steps backwards [PDF]
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
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The Law Commission presumption concerning the dependability of computer evidence [PDF]
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
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Pragmatic Maxims and Presumptions in Legal Interpretation [PDF]
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
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A theory of legal presumptions
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
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The Principle of Reversing the Burden of Proof in Money Laundering Crimes
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
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Commorientes. Einige Bemerkungen zu dem Rechtsinstitut im polnischen Zivilrechtsystem
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
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The relativity of the abstract feature of negotiable instruments with an emphasis on judicial procedure [PDF]
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
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DOMNIEMANIE OJCOSTWA - RATIO DECIDENDI USTAWODAWCY
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
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