The Principle of Legal Certainty as a Principle of Economic Efficiency

Portuese, Aurélien; Gough, Orla; Tanega, Joseph

doi:10.2139/ssrn.2332016

Cited by 8 publications

(6 citation statements)

References 48 publications

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“…Taking into account that legal certainty, which is a distinguishing feature of the rule of law and compatible with the ideals of a free market economy, plays a fundamental role in law due to its economic optimality for market participants (Portuese, Gough and Tanega, 2013), and bearing in mind the need to increase the quality of laws and the efficacy of their impact on the processes of formation and development of a new society in Russia (Mozolin, 2005), such a state of regulation, practical concretization and scientific assessment of lease objects is not acceptable. Since it is generally believed that the law should not be vague (an ambiguous law does not do well in managing people's behavior (Asgeirsson, 2015)), it is important that in the particular aspect under consideration to have the most correct and sound normative definition of acceptable lease objects.…”

Section: Literature Reviewmentioning

confidence: 99%

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Mikryukov¹

2020

JPL

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The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.

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Section: Literature Reviewmentioning

confidence: 99%

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Mikryukov¹

2020

JPL

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“…Radbruch put forward four basic things related to the meaning of legal certainty, namely: first, that the law is positive, meaning that the law is a law; second, that the law is based on facts, in the sense that it is based on reality; third, that facts must be formulated in a clear manner so as to avoid mistakes in meaning, besides being easy to implement; fourth, positive law cannot be easily changed. Legal certainty is a guarantee that the law is carried out, parties who have the right according to the law can obtain their rights, even though legal certainty is closely related to justice, but the law is not identical with justice [16,17] . Law is general, binding everyone, generalizing, while justice is subjective, individualistic and not generalized [18].…”

Section: Legal Certainty For the Granted Community Group To Reward Frmentioning

confidence: 99%

Provincial Government Authorities in the Grant Distribution to the Community in Bali

Herwanto¹,

Budiartha²,

Suryawan³

2019

Proceedings of the International Conference of Social Science

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Ratification of Indonesian Law Number 23 of 2014 concerning Regional Government has excluded the concept of 'Community Groups' in the distribution of grants, and consequently indecision in distributing the grants significantly arises. On these grounds, this study examines the Bali provincial government authorities in distributing grants to the community, as well as reviews the legal certainty for granted community. This study was designed in a normative legal research method using statute and conceptual approaches. The results show that Bali provincial government authorities in the grant distribution is stipulated in Article 298 paragraph (4) of Law Number 23 Year 2014; the granted community groups are required to fulfill the requirements as set out in the Minister of Home Affairs Regulation Number 32 of 2011, which has been amanded to Minister of Home Affairs Regulation Number 14 of 2017, and followed up with Bali Governor Regulation Number 2 of 2017.

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“…In the legal field, the substance of the law lies not in whether the law is traditional because of the legacy of the end or not, but in discussing legal issues, we are trapped in understanding law in a procedural sense, not the law in a substantive sense that fulfils a sense of justice (Portuese et al, 2017). So that it is not realized, there is a reduction in the meaning of the law substantively (which fulfils a sense of justice) into procedural law.…”

Section: Introductionmentioning

confidence: 99%

challenge of customary law implementation in the optimistic law era in saving healthy Indonesian environment

Sembiring

Fitri²,

Holil³

et al. 2022

irjmis

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This study aims to gain understanding from several scientific publications to answer the problem, namely the challenges of implementing customary law in the unitary State of the Republic of Indonesia, which has favorable laws for saving a healthy Indonesian environment. The author believes that every implementation of the law, both customary Laws and others, certainly has obstacles and challenges in this republic of Indonesia regardless of the goal of saving the environment and other factors. So to prove it, we have reviewed as many as 56 publications to back up all of them in answering this problem. Before we get an answer, of course, we will examine the number of documents that we get by relying on a phenomenological approach, namely getting answers from a large number of data through studies such as coding evaluation data and data interpretation to get correct and valid answers to the study questions after discussing the data findings, where the challenges in implementing customary law are found that the existence of positive law is more substantial even though customary law has received legal provisions and decisions of the supreme court.

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The Principle of Legal Certainty as a Principle of Economic Efficiency

Cited by 8 publications

References 48 publications

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Provincial Government Authorities in the Grant Distribution to the Community in Bali

challenge of customary law implementation in the optimistic law era in saving healthy Indonesian environment

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