This website uses cookies to ensure you have the best experience. Learn more

Roles Of Comparative Law To Legal Interpretation And Application

5252 words - 22 pages



Role of Comparative Law
to legal interpretation and application

Role of Comparative Law to legal interpretation and application

Table of Contents
I. Definition: legal interpretation and application 2
I.1 Legal Interpretation 2
I.2 Legal Application 3
II. Role of Comparative Law to legal interpretation and application 4
II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5
II.1.1 The harmonization and unification of law 5
II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the ...view middle of the document...

It may be then be divided into 3 sorts; according to the different means it makes use of for obtaining its end.
These 3 sorts of interpretation are: literal, rational, mixed.
1. Literal interpretation is when we collect the intention of the writer from his words only, as they lie before us.
2. Rational interpretation is when his words don’t express his intention perfectly, but either exceed it, or fall short of it, so that we are going to collect it from probable or rational conjectures only.
3. Mixed interpretation is partly rational, partly literal. When his words, though they do express his intention, when rightly understood, are in themselves of doubtful meaning, and we are forced to have recourse to like conjectures to find out in what sense he used them.
As we know that in common law, the competence in legal interpretation and application is of the court. In England, the judge can change every document to avoid those stupid things. This activity is one of the parts in interpreting law of the judge.
The other activity is “Fill the splits” of the documents. So when do the documents have the splits?
The Documents have the splits when :
1. There are unclear things exist in the documents that can be explained commonly.
2. When the documents don’t notice to problem that the documents don’t pay attention at
3. When the supplies of the documents to problems make the mistakes to the others.
4. When there are mistakes of the documents, the documents can’t regulate these problems themselves although they are very clear and certain.
Or when the document has splits, the judge can:
1. Fill these splits by using common rules in England.
2. In Germany, Portugal, France: use the faithful principles, reliant principles to fill these splits in contract.
3. In Viet Nam, the first time the interpretation was carried out was in the 25th Meeting of The Standing Committee of the National Assembly. It about the interpretation of article 241.2.c Comercial Law.
The second time The Standing Committee of the National Assembly use its competence in interpretation law to explain article 19 Auditing law.

I.2 Legal Application
1. General: application is defined as the act of determining how to use something for a purpose.
2. Legal definition:
* The act of applying or making a request
* An oral or written formal motion, request, or petition.
Or according to Black’s Law dictionary, ‘application’:
* A putting to, placing before, preferring a request or petition to or before a person.
* The act of making a request for something.
* A written request to have a certain quantity of land at or near a certain specified place.
* A bringing together, in order to ascertain some relation or establish some connection; as the application of a rule or principle to a case or fact.
But we’re mentioning...

Other Papers Like Roles of Comparative Law to Legal Interpretation and Application

Roles And Function Of The Law

727 words - 3 pages Role and Functions of Law Law/421 May 19, 2014 Role and Functions of Law This paper will discuss the functions and role of law in business and society. It will explain the functions and role of law in my past job as a Border Patrol Agent. According to Melvin, “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (pg. 4). In essence, the law functions as a set of rules for both

Application of International Law Essay

1593 words - 7 pages Application of International Law Donna Turner Argosy University – Online Business Law and Corporate Ethics International law does not have a defined area or governing body. International law is made up with a collection of agreements, treaties, charters, protocols, tribunals, memorandums, and legal aspects of the International Court of Justice also known as the World Court. There are three main legal principles recognized in international

A Statistical Interpretation of Term Specificity and Its Application in Retrieval

2977 words - 12 pages Reprinted from Journal of Documentation Volume 60 Number 5 2004 pp. 493-502 Copyright © MCB University Press ISSN 0022-0418 and previously from Journal of Documentation Volume 28 Number 1 1972 pp. 11-21 A statistical interpretation of term specificity and its application in retrieval Karen Spärck Jones Computer Laboratory, University of Cambridge, Cambridge, UK Abstract: The exhaustivity of document descriptions and the specificity of

Gender Roles: Societies' Law And Genetic Code

1660 words - 7 pages When I'm out for a walk on a fine spring day, I pass by a park near my house. I notice a family of four, playing together. The parents were both pretty young and they had a young boy and girl. The father was throwing a football and chasing his son around, while the mother was pushing her daughter on the swing. As I walk by on the path, I almost trip over their bikes because I am speculating on how young kids start to associate gender roles. I

Legal Risk and Opportunity Law/531

1037 words - 5 pages Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did

Application of Epidemiology to Obesity

2545 words - 11 pages Application of Epidemiology to Obesity Your Name Dr. Donna Levesque Managerial Epidemiology – HSA 535 Strayer University Assignment 5 June 06, 2012 Abstract This report identifies, analyzes and explains the obesity problem in the United States compared to other countries. It outlines factors and reasoning as to why the obesity rate in the United States is higher than other countries. These report further address points of health

Understanding and Application of Economics

992 words - 4 pages Understanding and application of economics Economics is the study of how society manages its scarce resources. Put simply, economics is to discuss how to use the limited resources to produce the products as much as possible. The core idea of economics is scarce resources and efficient use of resources, and can be divided into two main branches, microeconomics and macroeconomics. The microeconomics is focus on the market forces of supply and

Application to Learning and Study Habits

1113 words - 5 pages Memory Project: Application to Learning and Study Habits Erin Halbhuber Baker College Memory Memory is the capability to learn, retain, store and remember information from previous experiences. Memories are accumulated from prior experiences and recollected, which can influence change of behavior or thought. This ability can assist with learning and adapting to new experiences. Short-term memory is information a person is thinking of

Application of Cost Accounting to Small Business

2464 words - 10 pages the application and practice of cost and management accounting principle in the informal sector (to which small business belongs) is not without criticism. Small businesses seem to underestimate the powerful use or roles of these accounting principles in ensuring an effective and efficient day to day running of their businesses. Thus, there seems to be no relationship between the costing system and the activities or operations of the small

Application of Concept Analysis to Clinical Practice

1462 words - 6 pages Application of Concept Analysis to Clinical Practice: Developmental Care for Preterm Infants in the Neonatal Intensive Care Unit In utilizing the structural framework of concept analysis, the objective is to assess the need for developmental care for preterm infants in the Neonatal Intensive Care Unit (NICU). Walker and Avant (2005) explain concept analysis as a technique used to label phenomena in nursing, allowing for the development of

College Application to the University of Michigan

539 words - 3 pages From the time I was able to realize what a university was, all I heard from my mother's side of the family was about the University of Michigan and the great heritage it has. Many a Saturday afternoon my grandfather would devote to me, by sitting me down in front of the television and reminiscing about the University of Michigan while halftime occurred during a Michigan Wolverines football game. Later, as I grew older and universities took on

Related Essays

Roles And Function Of Law Essay

737 words - 3 pages Roles and Functions of Law Laws must be observed in order for business, society, and local government to operate proficiently. Laws are put into place to help keep people’s behaviors in order and to regulate standards. Law is a body of rules of action or conduct prescribed by controlling authority and having legal binding force. The common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect

Roles And Functions Of Law Essay

927 words - 4 pages Role and Functions of Law Paper Your Name LAW/421 Date Instructors Name Roles and Functions of Law Law is important in the business environment; companies depend on the laws to protect their business while conducting business. These laws help enforce contractual obligations and protect them from unwarranted lawsuits from vendors, suppliers, and consumers. The concept of the functions of law in society is also critical

Roles And Functions Of Law Essay

838 words - 4 pages , as well as fair and equal treatment of employees and users of business. This paper has described the roles and functions of law as well as taking a look at my present job and how law is used in it. References Melvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, N.Y., McGraw-Hill/Irwin

Roles And Functions Of Law Essay

792 words - 4 pages Roles and Functions of Law Paper Cheryl Swallow University of Phoenix In business, there are several different rules and regulations that apply to the various types of business based on the classifications. Depending on the work that one does, the laws that affect everyone apply in different forms to different businesses. The functions and the role of the law as it relates to business is unique and can be quite complicated. In defining and