Friday, January 18, 2019

Describe what can happen in the society without law, especially in the field of business Essay

Fraus omnia corrumpit (theory of juke), according to which one earth-closet never rely on a fraudulent act to justify the application of a curb of law to its own masterfit. The scope of application, the conditions of application, and the effective effects thereof ordain be defined, since they are subject of debate. Further, the relation between the principle Fraus omnia corrumpit and new(prenominal) concepts or superior general principles of law will be examined.For this, the discussed principle can fulfil three possible moves (with each time different legal effects) a mere explanatory function for other concepts of law a corrective mechanism which excludes the application of regularises of law in case of fraud or the function of a fully autonomous concept of law.The moments of this search will provide a new insight into the role of general principles of private law in the hierarchy of sources of law. The correct scope and function of the principle Fraus omnia corrum pit are still uncertain in law callable to a lack of fundamental enquiry, contrary to other systems of law. Innovative research (according to internal and external comparative law and a functional-inductive approach) will result in fixing the contours of this principle, which will lead to higher legal certainty. Non bis in idem,Ne bis in idem, which translates literally from Latin as non in two ways in the same thing, is a legal doctrine to the effect that no legal action can be instituted twice for the same get of action. It is a legal concept originating in Roman Civil Law, scarcely it is essentially the equivalent of the double jeopardy (autrefois acquit) doctrine found in common law jurisdictions. In dubio pro reoThe principle of in dubio pro reo (Latin for when in enquiry, for the criminate) means that a defendant may not be convicted by the court when doubts about his or her guilt remain. It is lots used specifically to refer to the principle of presumption of innoce nce that dictates that when a criminal statute allows more than one interpretation, the one that favours the defendant should be chosen.The Latin phase in dubio pro reo translates as in doubt, for the accused. A more expanded definition is that courts and juries must take the side of an accused party when there are doubts about the charges. This is connected to reasonable doubt and to presumed innocence, which are a foundational part of many justice systems. It also affects the rule of lenity, when judges must make interpretive decisions about ambiguous laws in favor of someone who is accused.

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