SCIENTIFIC CONSUBSTANCIAL VALUES TO THE LEGAL DOGMATIC AND THE THEORY OF LEGAL BUSINESS
SCIENTIFIC CONSUBSTANCIAL VALUES TO THE LEGAL DOGMATIC AND THE THEORY OF LEGAL BUSINESS
Author(s): Juan M. AlburquerqueSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Maritime Law, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Pandecttics; exegetical methods; dogmatic methods; Legal Business; essential elements; autonomy of the will; mandatory declaration.
Summary/Abstract: With a critical and renovating spirit, the author is firmly convinced of the value of the theory of the legal business, both for its usefulness to form the mind of the new jurists, as well as that of the romanist as the mercantilist and the civilist. The study focuses on an analysis and a critical review of the doctrinal generalities and the specific points of our romanistic science, including some reflections on the new doctrinal currents that allow us to extract the most outstanding scientific profiles of the so-called legal business. We will make a brief commentary on the I. General presuppositions. II. Concept of Legal Business. III. Brief reference to the essential elements. IV. Utility, justifications, and recognition of the scientific values inherent to legal dogmatics and the Theory of the Legal Business. V. Doctrinal postulates on the legal business. VI. Nuances and conclusive convergences. Historical-critical method. Historical-dogmatic method. From the dogma of the autonomy of the will, to the dogma of Betti's prescriptive declaration.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 598-620
- Page Count: 23
- Language: English