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Judicial Classification And Conflict Of Classifications

Author

Listed:
  • Calina JUGASTRU

    (Prof. PhD. “Lucian Blaga” University of Sibiu “Simion Barnutiu” Law School)

Abstract

The presence of the legal relationship with foreign element determines requirement to qualify for the determination of legal relations belonging to an institution or to a category of private law. Qualification has an axiological dimension, as it reflects the values enshrined in state court and is at the same time is an instrument of judicial and legislative policy. Qualification typology distinguishes primary qualification (operation qualification is to determine the law applicable to the legal relationship with the international element) and secondary qualifications (occurs by the time the primary qualification was done and is a matter for national law); content classification and qualification norms of conflict bond (if the change content classification norms of conflict; if the change link qualification applicable law legal relationship); legal qualification (operation definition, interpretation and classification of notions in the legal category by the very text of the law) qualification jurisprudence (belonging to national courts and international courts) and qualification doctrinal (eg qualification concepts "marriage", "effects of marriage" etc.).

Suggested Citation

  • Calina JUGASTRU, 2015. "Judicial Classification And Conflict Of Classifications," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 3, pages 25-41, December.
    • Handle: RePEc:lum:rev4rl:v:3-4:y:2015:i::p:25-41
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    More about this item

    Keywords

    legal relationship; element; skill; concept; mechanism; typology;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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