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Lesprit Des Droits
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Author :Fabio Carvalho de Alvarenga Peixoto Publisher :Fabio Carvalho de Alvarenga Peixoto ISBN 13 :6500865375 Total Pages :303 pages Book Rating :4.5/5 (8 download)
Book Synopsis Abuse of Rights by : Fabio Carvalho de Alvarenga Peixoto
Download or read book Abuse of Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES
Book Synopsis Publications by : Permanent Court of International Justice
Download or read book Publications written by Permanent Court of International Justice and published by . This book was released on 1926 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supplément Au Traité Des Droits D'enregistrement, de Timbre, D'hypothèques Et Des Contraventions À la Loi Du 25 Ventose an XI by : Paul Lucas-Championnière
Download or read book Supplément Au Traité Des Droits D'enregistrement, de Timbre, D'hypothèques Et Des Contraventions À la Loi Du 25 Ventose an XI written by Paul Lucas-Championnière and published by . This book was released on 1851 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Le système interaméricain comme régime régional de protection internationale des droits de l'homme by :
Download or read book Le système interaméricain comme régime régional de protection internationale des droits de l'homme written by and published by Martinus Nijhoff Publishers. This book was released on 1976-12-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis From Human Rights to International Criminal Law / Des droits de l'homme au droit international pénal by : Emmanuel Decaux
Download or read book From Human Rights to International Criminal Law / Des droits de l'homme au droit international pénal written by Emmanuel Decaux and published by BRILL. This book was released on 2007-06-30 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Laïty Kama, the first president of the International Criminal Tribunal for Rwanda, died 5 years ago. He was a Senegalese Judge, and a Human Rights expert within the United Nations. This collection of essays on international criminal law and human rights is published to honour him. They are signed by his colleagues of the Arbitrary Detention Working Group or new members, Judges from the ad hoc Tribunals and the International Criminal Court, Lawyers and Jurists from different places. Deep analysis of various human rights issues and the jurisprudence of the international criminal court and tribunals are provided here, to reflect areas of interest to the late Judge Kama. Le juge Laïty Kama, premier président du Tribunal pénal international pour le Rwanda, est décédé il y a cinq ans de cela. Il était à la fois un juge au Sénégal, et un expert des droits de l'homme pour les Nations Unies. Ces mélanges viennent honorer sa mémoire. Les contributions sont signées d'anciens collègues experts ou juges, des juristes de tous les horizons et offrent une analyse approfondie de diverses questions de droits de l'homme et de droit international pénal, notamment la jurisprudence des juridictions pénales internationales, des champs d'intérêt pour feu le juge Kama.
Book Synopsis Abuse of Rights Incident to Ownership of Land in Anglo-American and French Law by : John J. Batistich
Download or read book Abuse of Rights Incident to Ownership of Land in Anglo-American and French Law written by John J. Batistich and published by . This book was released on 1928 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Abuse of EU Law and Regulation of the Internal Market by : Alexandre Saydé
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Download or read book Jurisprudence written by Roscoe Pound and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 3254 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
Book Synopsis Catalogue of the Library of the Society of Writers to the Signet by : Signet Library (Great Britain)
Download or read book Catalogue of the Library of the Society of Writers to the Signet written by Signet Library (Great Britain) and published by . This book was released on 1837 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by : Marcelo Gustavo Kohen
Download or read book La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Author : Publisher :Odile Jacob ISBN 13 :2738169996 Total Pages :899 pages Book Rating :4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 899 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis L'Union européenne et les Etats-Unis / The European Union and the United States by : Yann Echinard
Download or read book L'Union européenne et les Etats-Unis / The European Union and the United States written by Yann Echinard and published by Primento. This book was released on 2013-02-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Les contributions regroupées dans cet ouvrage visent à comprendre les relations et influences à travers le temps entre l’Europe et les États-Unis. S’il existe des différences importantes entre le modèle de société américain et européen, si à certains moments de notre histoire, même récente, des divergences sont apparues, il est essentiel de rappeler les multiples convergences entre ces deux continents. Le couple euro-américain n’est pas un mythe et les évolutions géopolitique et géoéconomique futures ne devraient que l’inciter à approfondir et à intensifier les relations transatlantiques. Outre l’importance de l’objet d’étude traité, cet ouvrage produit une analyse pluridisciplinaire essentielle à la compréhension du sujet et s’appuie sur des auteurs ayant un regard multiculturel. The contributions gathered in this volume seek to understand the relations and influences across time between Europe and the United States. If there are significant differences between the model of American and European society, if at some point in our history, even recent, some divergences emerged, it is important to remember the numerous similarities between these two continents. Euro-American couple is not a myth and the future geopolitical and geo-economic developments should encourage them to deepen and strengthen transatlantic relations. Besides the importance of the treated study topic, this work supplies a multidisciplinary analysis, essential to the understanding of the subject and is based on authors having a multicultural view.
Book Synopsis British and Foreign State Papers by : Great Britain. Foreign and Commonwealth Office
Download or read book British and Foreign State Papers written by Great Britain. Foreign and Commonwealth Office and published by . This book was released on 1889 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Council of Europe General Secretariat Publisher :Martinus Nijhoff Publishers ISBN 13 :9789024735396 Total Pages :1170 pages Book Rating :4.7/5 (353 download)
Book Synopsis Actes Du Sixième Colloque International Sur la Convention Européenne Des Droits de L'Homme by : Council of Europe General Secretariat
Download or read book Actes Du Sixième Colloque International Sur la Convention Européenne Des Droits de L'Homme written by Council of Europe General Secretariat and published by Martinus Nijhoff Publishers. This book was released on 1988 with total page 1170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 0.2. Address by Mr M. Oreja.
Book Synopsis Ensemblance by : de Miranda Luis de Miranda
Download or read book Ensemblance written by de Miranda Luis de Miranda and published by Edinburgh University Press. This book was released on 2020-01-07 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esprit de corps has played a significant role in the cultural and political history of the last 300 years. Through several historical case studies, Luis de Miranda shows how this phrase acts as a combat concept with a clear societal impact. He also reveals how interconnected, yet distinct, French, English and American modern intellectual and political thought is. In the end, this is a cautionary analysis of past and current ideologies of ultra-unified human ensembles, a recurrent historical and theoretical fabulation the author calls 'ensemblance'.
Book Synopsis The Decline of Private Law by : Gonçalo de Almeida Ribeiro
Download or read book The Decline of Private Law written by Gonçalo de Almeida Ribeiro and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.
Book Synopsis A Reply to the "Exposé Des Droits de Sa Majesté Très Fidèle, Donna Maria II." by : William Walton
Download or read book A Reply to the "Exposé Des Droits de Sa Majesté Très Fidèle, Donna Maria II." written by William Walton and published by . This book was released on 1830 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
