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Resumo Ingl
Resumo Ingl
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Civil Law
LINDB, People, Acts, Facts and Legal Affairs, Prescription and Decay
Antonio Alex
a deal with __________________." Select the alternative that DOES NOT complete correctly
a) analogy
b) customs
The issue must be resolved based on the following arts. from LINDB:
Art. 4 When the law is silent, the judge will decide the case in accordance with analogy, customs and
Art. 5 In applying the law, the judge will take into account the social purposes to which it is directed and
the requirements of the
very common.
Thus, in accordance with art. 4th of LINDB, when the law is silent, the judge will decide the case of
Letter D.
TRANSITIONAL PROVISIONS: are placed by the legislator himself in the text of the new
law, with the aim of avoiding and resolving conflicts that may arise between the new law and the old
one.
IRRETROACTIVITY: is the law that does not apply to situations established prior to its
RETROACTIVITY: the law applies to facts that occurred in the past, before the new law came into effect.
law. Retroactivity applies to pending cases, as long as it does not offend the legal act
PERFECT LEGAL ACT: is the act already consummated according to the law in force at the time in which it
was
carried out, producing its legal effects, as the right generated has already been exercised.
ACQUIRED RIGHT: is what has already been definitively incorporated into the patrimony
and the personality of its holder, and neither the law nor subsequent events can change this
legal situation.
JUDGMENTAL THING: this is when the court sentence can no longer be changed, that is,
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