Results 21 to 30 of about 622 (209)
Krytyka 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
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The presumption of innocence in EU law: One step forward, two steps backwards [PDF]
Crimen (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
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Pragmatic Maxims and Presumptions in Legal Interpretation [PDF]
Law 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
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A theory of legal presumptions
Journal 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
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The Principle of Reversing the Burden of Proof in Money Laundering Crimes
Jurnal 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
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Commorientes. Einige Bemerkungen zu dem Rechtsinstitut im polnischen Zivilrechtsystem
Clio@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
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The relativity of the abstract feature of negotiable instruments with an emphasis on judicial procedure [PDF]
مطالعات 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
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DOMNIEMANIE OJCOSTWA - RATIO DECIDENDI USTAWODAWCY
Zeszyty 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
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Identifying Criteria of ‘Waste in Law’ in Islamic Jurisprudence; by Analyzing the Rule of ‘Transfer to a Third Party of Good Faith’ in the Judicial Practice and a Plan to Amend the Iranian Civil Code [PDF]
پژوهشنامه حقوق اسلامی, 2023 In this article, the criteria for identifying ‘waste in law’ or ‘as waste’ in Islamic law, by studying the rule of ‘transfer to a third party of good faith’ in judicial practice and the proposal to amend the Articles 323 and 325 of the Iranian Civil Code,
Mohammad Hadi Javaherkalam +1 more
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A Minimalist and Garantistic Conception of the Presumption of Innocence
Revista Brasileira de Direito Processual Penal, 2018 The article aims to address the multiple faces that the presumption of innocence incorporates in modern legal systems from a critical perspective. In this sense, an analytical methodology seeks to demonstrate that some of these faces overlap with other ...
Jordi Ferrer Beltrán
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