Results 1 to 10 of about 319 (193)

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 jurisprudence.
Hanna Shafalovich
exaly   +6 more sources

Methodological Aspect of the Legal Facts Theory

open access: yesTeisė, 2021
This article explores innovations in the methodology and methods in the research of the legal facts theory. It substantiates the historical and theoretical approach for studying the theoretical achievements of legal systems of the past and the methodology of “mechanical” and “quantum-physical” jurisprudence for studying the theoretical achievements of ...
Hanna Shafalovich
exaly   +6 more sources

Theory of the Legal Facts in the Context of Quantum Physics

open access: yesTeisė, 2020
It is considered that the theory of legal facts is one of the most conservative in jurisprudence, which is not confirmed on closer examination. This article is intended to draw parallels in the knowledge gained in law regarding legal substance and the knowledge gained in physics, primarily in quantum physics, regarding the structure of physical ...
Hanna Shafalovich
exaly   +6 more sources

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

open access: yesPenitentiary science, 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; such a situation is contrary to the needs of penal science and application practice.
EGOR E. NOVIKOV
openaire   +2 more sources

War as an Institutional Fact: Semiotics and Institutional Legal Theory [PDF]

open access: yesInternational Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2009
In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can ...
openaire   +5 more sources

The Question To Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory Through His View of International Law [PDF]

open access: yesCanadian Journal of Law & Jurisprudence, 2021
H.L.A. Hart says that The Concept of Law is focused on municipal or domestic law because that is the “central case”1 for the usage of the word ‘law.’ At the beginning of the book he states that “at various points in this book the reader will find discussions of the borderline cases where legal theorists have felt doubts about the application of the ...
openaire   +2 more sources

Probability and Paternity: The Utility of Probability Theory in the Legal Determination of Facts in Issue with Particular Reference to the Resolution of Paternity Disputes [PDF]

open access: yes, 2010
In this thesis it is proposed to examine the forensic application of probability to judicial or curial decision making, both in general and with particular reference to the determination of parentage such as is required in a paternity suit.
openaire   +1 more source

HUMAN RIGHTS AND THE VALIDITY PLAN IN THEORY OF LEGAL FACT PONTES DE MIRANDA: AN ANALYSIS FROM THE HUMAN RIGHTS TREATIES RATIFIED BY BRAZIL

open access: yes, 2019
This article proposes to define the constituent elements of the Treaties on Human Rights harbored the notion of rule of law and the plans designed by Francisco Cavalcanti Pontes de Miranda. Checks how occurs Constitutional law via protection forecasting minority groups to incorporate Plans validity and Pontes de Miranda effectiveness.
WILSON ENGELMANN, ALINE ANDRIGHETTO
openaire   +1 more source

The mechanism of right depriving in a context of the theory of the legal facts (the civil aspect)

open access: yes, 2011
The article is devoted to research of right depriving kind of jural facts, that is to possibilities to cause the consequence as depriving the rights, duties or legal relationships. An author examines all forms of actions and events from point of this kind and formulates suggestions concerning the legislative fixing of right depriving kind in the legal ...
openaire   +2 more sources

The elements of the mechanism of right termination: civil and legal aspect of the juridical facts theory

open access: yes, 2012
Стаття присвячена розгляду механізму правоприпинення та його елементів у сфері приватноправових відносин. Проаналізовано елементи механізму правоприпинення та їх взаємозв’язок, визначено місце механізму правоприпинення в механізмі правового регулювання майнових відносин.
openaire   +3 more sources

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