Legal effect
Legal effectis a legal effect defined by the fact that specific facts satisfy.
table of contents
Form and form of legal effect
common opinion
A legal understanding is to think that the legal effect on the real law of private law takes the form of "" "" "" "of rights and obligations.
Sometimes legal effects are expressed in the form of "acquisition" or "loss" of rights and obligations. It is thought that it captured "occurrence" and "annihilation" of rights and obligations from the party attributed to rights.
Theory different from the theory
Some think that the legal effect takes the form of "occurrence", "obstacle", "annihilation", etc. instead of "occurrence" "change" "disappearance" form. In this way, including the form of "disability" in the legal effect has made the idea in the judicial norm of distribution of proof responsibility inherent in the legal effect of the legal norm, which only applies the legal norm as a judicial norm Even if you do not understand or understand that legal norms under substantive laws consist of a layered structure of behavioral norms and judicial norms, there is such a thing as to emphasize too much aspects as the norm of judicial norms. Because the legal norm is both an acting norm and a judicial norm, it is the current common understanding that thinking that an acting norm and a judicial norm are forming a real law in a multilayered manner is a side of opinion that supports this hypothesis , Persuasive explanation will be required as to why the aspect as the judicial norm should be emphasized.
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Post Date : 2018-02-17 12:30
This article is taken from the Japanese Wikipedia Legal effect
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