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Many translated example sentences containing "legal certainty and predictability" – German-English dictionary and search engine for German translations. Certainty and flexibility may indeed be conflicting concepts in judicial precedence but they do seek to achieve the same goal; a legal principle which offers fairness without sacrificing the certainty which lies within law. Muchos ejemplos de oraciones traducidas contienen “legal certainty and predictability for citizens.” – Diccionario español-inglés y buscador de traducciones en español. Legal certainty is an established legal concept both in the civil law legal systems and common law legal systems. In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. The Foundation for continental law is responsible for the publication of the index of legal certainty (ILC), which evaluates the forms of security to all economic players.

Legal certainty and predictability

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It will be shown that apart from peremptory norms of public international law (ius cogens), the relevance of international law outside WTO law is limited. Non-WTO treaty law must not be applied except if referred Keywords: certainty, predictability, voluntary creditors, operational head office Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

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“legal certainty”. “predictability matters”.

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When courts give full effect to the terms that the parties have contractually legal certainty and predictability, on the one hand, and the desire for flexible, equitable, individualized solutions on the other”). 4 Reese's article, as I will discuss, 17 Jun 2018 dependent on legal certainty; however, legal certainty is also crucial for any precondition to achievement of the orderliness and predictability 28 Jan 2019 Ensuring predictable and consistent court decisions across Indonesia is a challenge. The country has 909 district and appellate courts, nearly SPH and AmCham Peru express concern about risks to the www.bnamericas.com/en/news/sph-and-amcham-peru-express-concern-about-risks-to-the-predictability-and-legal-certainty-of-investments act in a predictable manner.

(2) Rules, principles and standards. (3) Certainty and rule types. The paper examines legal certainty and predictability in the context of the youngest field of EU private international law–succession law. The author looks at the extent to which the provisions of the EU Succession Regulation provide for legal certainty and predictability in enabling EU citizens to plan their international estates in advance. Formal legal certainty implies that laws and, in particular, adjudication must be predictable: laws must satisfy requirements of clarity, stability, and intelligibility so that those concerned can with relative accuracy calculate the legal consequences of their actions as well as the outcome of legal proceedings.
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Providing cost certainty and predictability A Calgary-based client facing unstable market conditions in the oil and gas industry needed a way to create better cost controls and budget transparency for their legal projects without reducing the scope of their mandate or impacting their day-to-day deliverables. The phrase “the Rule of Law” has to be distinguished from the phrase “a rule of law”. The latter phrase is used to designate some particular legal rule like the rule against perpetuities or the rule that says we have to file our taxes by a certain date. This assumption of consistency and predictability through judicial precedent allows the law to exude a sense of certainty, fairness and by extension some amount of flexibility; but the question is, how can something which is consistent and predictable to such a degree that it is considered certain exhibit flexibility?

Legal certainty is an established legal concept both in the civil law legal systems and common law legal systems. In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. The Foundation for continental law is responsible for the publication of the index of legal certainty (ILC), which evaluates the forms of security to all economic players. Research and development phase for 2016: After proposing a definition of legal certainty based on three essential elements: an accessible law (contained in a compendium published, comprehensive and validated), a predictable Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible and tantamount to the principle of economic Countries can be assigned to three groups: those where legal certainty is high, those where legal certainty could be increased, and those somewhere in between.
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The principle of legal certainty embraced in the Law No.25 of 2007, the element of minimum certainty contains elements of predictability, because it greatly. predictable. But since the purpose of the certainty and predictability of legal decisions and their enforcement is the capacity of governments and contracting a State that are meant precisely to provide a modicum of certainty, predictability, and confidence in the legal system. That is why also rule of law is so hard to The struggle between legal certainty and equity is as old as the law itself. Only of business and of other transactions by making them clearly predictable was and essentially English legal forms has compelled courts, and therefore also tion of "the basic legal myth" of certainty and predictability. In addition to the objective point of view legal certainty is treated as predictability in the law-making or law-applying activities, from the subjective one it is viewed as the subjects' 14 Sep 2018 how important certainty and predictability really are, as compared to more imaginative and case-specific judicial solutions in the resolution of 15 Certainty, consistency and reliability will be used interchangeably here. Rules and Principles: A Theory of Legal Certainty 59 predictable by features of 17 Aug 2016 definition of legal certainty refers to its pragmatic application of the law, which underlines a guiding principle to secure the predictability of In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour.

Assessing predictability requires The predictability of law protects those who are subject to the law from arbitrary state interference with their lives.
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. . . . 589 2. model of constructing a system of principles of law derived from a formal principle of the rule of law. .

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2006-10-26 · Guinchard, Audrey, Legal Certainty and Predictability at Common Law (La Securite Juridique en Common Law) (October 26, 2006). SECURITE JURIDIQUE ET DROIT ECONOMIQUE, L. Boy, Fr. Siriainen, & J-B. Racine, eds., De Boeck/Larcier, Belgium, pp. 85-133, 2008, Available at SSRN: https://ssrn.com/abstract=1290036 In some cases there is hardly any applicable written norm or precedent on which a literal interpretation could be based. The literal and anti-literal interpretation of case law can in turn be linked to the interpretation of the principle of legal certainty, namely to the requirements of predictability and acceptability. Due to the as yet limited importance of non-WTO law, legal certainty and predictability also depend on the issue of conflict of norms, which also is relevant as far as the interrelationship of the different WTO agreements is concerned.

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Page 11 av S Arnetorp · 2020 — Abstract: In this thesis the legal certainty issues connected to the way in dual distribution scenarios is treated by EU Competition law are This predictability and certainty has a clear value for business. Legal certainty and trust in the quality and predictability of regulatory, tax and other policies and Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty The following requirements on legal certainty shall be met cross-border infrastructure might fail to correspond with legal predictability and economic accuracy. The legal certainty of the individual must be guaranteed in connection with the fight against terrorism. There is a lack of legal security and legal predictability. av S Bodell · 2019 — The principle of legality is a central part of legal certainty that promotes predictability. The different types of cases that is investigated in the thesis is false bid, English.

The author looks at the extent to which the provisions of the EU Succession Regulation provide for legal certainty and predictability in enabling EU citizens to plan their international estates in advance.