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Price : KD.5.000 Pages : 581      أضف إلى عربة التسوق                                                                    تنزيل

Judicial Reasoning and Judge’s Acts in Civil and Commercial Maters

المؤلف : Prof. Azmy Abdulfattah Ateia

Judicial Reasoning and Judge’s Acts in Civil and Commercial Maters Prof. Azmy Abdulfattah Ateia Private Law Department - Faculty of Low Kuwait University The book comprises two parts: Part One: Introducing the concept of judicial reasoning, its history, nature, means through which it is communicated in Latin and Anglo-Saxon legal systems, its nature as a legal requirement, its scope in judicial decisions, arbitrators’ awards, activities related to judicial management, and decisions rendered in evidential matters. The book also covers the role that reasoning plays in judicial review, and in strengthening court decisions. Part Two: Requirements of sound judicial reasoning, in whether reasons are indicated explicitly or tacitly with reference to a an award rendered by a court of first instance or to a report given by an expert witness, and cases of lack of evidence due to omission or contradictory reasoning. This, in addition to requirements of sound reasoning, in terms of sufficiency of reasons, vagueness of reasons, circumstantial reasons or generally insufficient reasons where the supreme court cannot exercise its control over the decision to validate it, and to make sure that the right of fair trial was not compromised. This part also covers the condition of rationality of reasons (where reasons mentioned in the court decision should logically lead to the conclusion it reaches), effects of formal and informal logic and ways through which two could be synthesized in reasoning, in addition to discussing the effect of lack of logic in terms of false inference which could be attributed to faulty application or interpretation of the law, or to wrongful selection of relevant facts.

Journal of Law
Journal of Law

أنت الزائر رقم

53015

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Journal of Law
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التحديث الأخير

18-05-2017

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Journal of Law
Journal of Law

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