General clauses: a historic-constructive of the private contemporanean law

Authors

  • Ricardo Cavedon Pontificia Universidade Católica do Paraná

DOI:

https://doi.org/10.18316/962

Keywords:

General Clauses, Undetermined Legal Concepts, Clogging, Evaluative, Encodings, New Hermeneutics, Neo-constitutionalism, Neo-positivism, Evolutionist, Evaluative Integration

Abstract

This paper searches to trace a historic analysis of the building of the legal science till raising part of the open system, incorporating vague concepts that depend on the clogging evaluative by the interpreter applicator of the legal norm. With emphasis on the General Theory of the Law, we will analyze the history of the legal thought and the first forecasts of general clauses in the eight-hundredist encodings, and only then draw a parallel with what the contemporary doctrine is understood by general clauses and undetermined concepts, fitting later analysis of how these legal concepts are expressed in the current civil-constitutional law.

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Published

2013-11-08

Issue

Vol. 1 No. 1 (2013)

Section

Articles

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