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teoria aparenţei în drept


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11:30 May 16, 2005
Romanian to English translations [PRO]
Law/Patents - Law (general)
Romanian term or phrase: teoria aparenţei în drept
termen juridic folosit într-o hotărâre judecătorească

Summary of answers provided
5color of law/title
Maricica W.
5theory of appearance of right

Discussion entries: 2



15 mins   confidence: Answerer confidence 5/5
theory of appearance of right

In contract the principle of rightness is present as something posited, while its inner universality is there as something common in the arbitrariness and particular will of the parties. This appearance of right, in which right and its essential embodiment, the particular will, correspond immediately, i.e. fortuitously, proceeds in wrong to become a show, an opposition between the principle of rightness and the particular will as that in which right becomes particularised. But the truth of this show is its nullity and the fact that right reasserts itself by negating this negation of itself. In this process the right is mediated by returning into itself out of the negation of itself; thereby it makes itself actual and valid, while at the start it was only implicit and something immediate.


Note added at 23 mins (2005-05-16 11:54:21 GMT)

\"The Court first concludes to the validity of the non-competition agreement. It then concludes to the appearance of right of Berger, to the difficulty of evaluating the damages that it may sustain. The order is established within boundaries that will make it executory.\"


Note added at 28 mins (2005-05-16 11:59:15 GMT)

[PDF] ccje _2004_ op n6e-
Tip de fişier: PDF/Adobe Acrobat - Versiunea HTML
... Rights (ECHR), the case-law of the European Court of Human Rights (the Court)
being ... the claimant has to present an appearance of right (fumus bonis ...
www.coe.int/.../Legal_co-operation/Legal_professionals/ Judges/CCJE/ccje%20_2004_%20op%20n6e--1.pdf

Local time: 02:25
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Native speaker of: Native in RomanianRomanian
PRO pts in category: 147
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30 mins   confidence: Answerer confidence 5/5
color of law/title

color of title
n. the appearance of having title to personal or real property by some evidence, but in reality there is either no title or a vital defect in the title. One might show a title document to real property, but in reality he/she may have deeded the property to another; a patent to an invention may have passed to the inventor's widow, who sells the rights to one party and then, using the original patent documents, sells the patent to a second party based on this "color of title."

color of law
n. the appearance of an act being performed based upon legal right or enforcement of statute, when in reality no such right exists. An outstanding example is found in the civil rights acts which penalize law enforcement officers for violating civil rights by making arrests "under color of law" of peaceful protesters or to disrupt voter registration. It could apply to phony traffic arrests in order to raise revenue from fines or extort payoffs to forget the ticket.

Note added at 32 mins (2005-05-16 12:02:29 GMT)

Ca teorie, aparenta in drept exista in dreptul continental. Nu sunt sigura daca si in cel anglo-saxon.

    Reference: http://dictionary.law.com/default2.asp?typed=color+of+law&ty...
    Reference: http://www.granddictionnaire.com
Maricica W.
Native speaker of: Native in RomanianRomanian
PRO pts in category: 60
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Voters for reclassification
PRO / non-PRO
PRO (2): Maria Diaconu, Ioana Costache

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Changes made by editors
May 17, 2005 - Changes made by Dan Marasescu:
LevelNon-PRO » PRO

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