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Cover Art
E-RESOURCE
Author Kaaij, Hester van der, 1986- author.

Title The juridical act : a study of the theoretical concept of an act that aims to create new legal facts / H.D.S. van der Kaaij.

Published Cham, Switzerland : Springer, [2019]

Copies

Location Call No. Status
 UniM INTERNET resource    AVAILABLE
Physical description 1 online resource
Series Law and Philosophy Library ; volume 129
Law and philosophy library ; v. 129.
Springer Law and Criminology eBooks 2019 English+International
Bibliography Includes bibliographical references.
Contents 1. Introduction and Method -- 2. Two theoretical stepping stones -- 3. The delineation of the theoretical concept of a juridical act -- 4. The juridical act as a speech act in the world of law -- 5. The value of the theoretical concept -- 6. Conclusions.
Summary This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.-- Provided by publisher.
Other author SpringerLink issuing body.
Subject Law -- Philosophy.
Law -- Language.
Electronic books.
Electronic books.
ISBN 9783030155926 electronic book
3030155927 electronic book
3030155919
9783030155919