Direito Civil Contemporâneo - Estatuto Epistemológico, Constituição e Direitos Fundamentais PDF Download
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Author: Otavio Luiz Rodrigues Jr.
Publisher:
ISBN: 9786559646234
Category : Law
Languages : pt-BR
Pages : 0
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Book Description
Otavio Luiz Rodrigues Jr. apresenta narrativa que conduz para o fortalecimento da autonomia epistemológica do Direito Civil ao sustentar a dicotomia entre Direito Privado e Direito Público, identificar o que é e o que não é constitucionalização e defender a eficácia indireta fraca dos direitos fundamentais em relação aos particulares. O seu texto é um verdadeiro manifesto pela sobrevivência dos fundamentos do Direito Civil. Além disso, o autor aprimora o enfoque sobre determinados temas e questões, tornando-os mais claros ou contestando objeções.?
Author: Otavio Luiz Rodrigues Jr.
Publisher:
ISBN: 9786559646234
Category : Law
Languages : pt-BR
Pages : 0
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Book Description
Otavio Luiz Rodrigues Jr. apresenta narrativa que conduz para o fortalecimento da autonomia epistemológica do Direito Civil ao sustentar a dicotomia entre Direito Privado e Direito Público, identificar o que é e o que não é constitucionalização e defender a eficácia indireta fraca dos direitos fundamentais em relação aos particulares. O seu texto é um verdadeiro manifesto pela sobrevivência dos fundamentos do Direito Civil. Além disso, o autor aprimora o enfoque sobre determinados temas e questões, tornando-os mais claros ou contestando objeções.?
Author: Fabio Carvalho de Alvarenga Peixoto
Publisher: Fabio Carvalho de Alvarenga Peixoto
ISBN: 6500865375
Category : Law
Languages : en
Pages : 303
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Book Description
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
Author: Gustavo Tepedino
Publisher:
ISBN: 9788578743857
Category : Civil law
Languages : pt-BR
Pages : 612
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Book Description
Author: Michele Graziadei
Publisher: Springer Nature
ISBN: 981194993X
Category : Law
Languages : en
Pages : 415
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Book Description
The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
Author:
Publisher:
ISBN: 9788544429518
Category :
Languages : pt-BR
Pages : 340
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Book Description
Law - Constitutional Law. Constitutional law -- Brazil. Civil rights -- Brazil. Human rights -- Brazil.
Author: Bernard Gert
Publisher: Oxford University Press
ISBN: 0198038720
Category : Philosophy
Languages : en
Pages : 203
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Book Description
Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.
Author: Bernard Gert
Publisher:
ISBN: 0195159063
Category : Medical
Languages : en
Pages : 372
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Book Description
This book is the result of over 30 years of collaboration among its authors. It uses the systematic account of our common morality developed by one of its authors to provide a useful foundation for dealing with the moral problems and disputes that occur in the practice of medicine. Theanalyses of impartiality, rationality, and of morality as a public system not only explain why some bioethical questions, such as the moral acceptability of abortion, cannot be resolved, but also provide a method for determining the correct answer for those occasions when a bioethical question hasa unique correct answer. This new edition includes an entire chapter that has been added to address the controversial issue of abortion within the authors' distinct framework. This book presents the latest revisions of the authors' original analyses of the concepts of death and disease, analyses that have had a significant impact on the field of bioethics. It also includes an added chapter on mental disorders, where the authors' definition influenced what psychiatryclassifies as a mental disorder, and so has had an impact that reveals beyond the field of bioethics. In this edition, the authors also offer a new, more developed perspective on the concept of valid or informed consent by considering what information physicians should be required to know before proposing screening, diagnostic testing, prescribing medications, or performing surgery. The book alsointegrates some of the important insights of the field of clinical epidemiology into its discussion of valid consent. Its account of paternalism and its justification, perhaps the most ubiquitous moral problem in medical ethics, has had considerable influence. Its discussion of euthanasia andphysician assisted suicide challenges the standard views that have been put forward by both proponents and opponents of physician assisted suicide and voluntary active euthanasia.
Author: Julian Walker
Publisher:
ISBN: 9781013295461
Category : Political Science
Languages : en
Pages : 250
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Book Description
Urban Claims and the Right to the City explores how contested processes of urban development, and the rights of city dwellers, are understood and interpreted from the perspective of women and men working, in different ways, at the grassroots in Salvador da Bahia, Brazil, and London, UK. In doing so, it represents the grounded voices of authors whose work and lives mean that they engage, on a daily basis, with issues related to housing and spatial rights, and identity struggles around race, gender, disability, sexuality, citizenship and class. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Author: Jaya Krishna S Naveen Kumar Agarwal
Publisher:
ISBN: 9788131415436
Category : Electronic voting
Languages : en
Pages : 203
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Book Description
From time immemorial, by the people in a democratic set-up has been facilitated through a mechanism called Election. Electoral process involves voting by the eligible electorate and the voting system should facilitate people s true verdict. Till rec
Author: Maigul Nugmanova
Publisher: BoD – Books on Demand
ISBN: 1839690410
Category : Business & Economics
Languages : en
Pages : 321
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Book Description
The aim of sustainable development is to balance our economic, environmental and social needs, allowing prosperity for current and future generations. Countries must be allowed to meet their basic needs of employment, food, energy, water and sanitation. There is a clear relationship between the three topics of the book: right to education has been recognized as a human right - education has a role in peace-building. Additionally, education, human rights and peace have a significant role in sustainable development. The United Nations have defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. However, this book demonstrates that there are still people and nations not respecting the Universal Declaration of Human Rights. Chapters from Brazil, Cameroon, Ethiopia, Kazakhstan, Israel, Peru, Russia and South-Africa cover topics like civil war, human abuses, the vulnerability of indigenous people, abortion, epilepsy, food security, lack of health equities in maternal and child health, and democracy or lack of it. We sincerely hope that this book will contribute to the joint pursuit of humanity to make the world better after we all get over the coronavirus pandemic.
