10.5937/zrpfns48-5749 = Specific questions of mistake of fact and mistake of law in criminal law

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Ignorance and Mistake of Criminal Law, Noncriminal Law, and Fact

After clarifying the distinction between mistakes of fact and mistakes of law, this article explores in detail an important distinction within the category of mistake of law, between mistake about the criminal law itself and mistake about noncriminal law norms that the criminal law makes relevant—for example, about the civil law of property (in a theft prosecution) or of divorce (in a bigamy pr...

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English Contract Law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v. Butcher [1950] 1 K.B. 671 recognises a doctrine of ‘mistake in equity’ under which a serious common mistake in contract formation falling ...

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Legal and Ethical Principles of Criminalization in Iran’s Criminal Law

Background: The criminal code is the rules that restrict the rights and freedoms of a person to ensure peaceful coexistence. What behavior should be prohibited and which one can be removed from the circle of legal acts. How can the word ethics in the world of law refer to ethical and literary means from the past, and is called the tradition of morality, in the sense of moral standards? On the b...

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Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...

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Accident , Mistake , and Rules of Liability in the Fourteenth - Century Law of Torts

In the fourteenth century, it was evidently a familiar principle in the law of torts that no one was liable to make compensation for injuries attributable to some entirely providential cause. Tenants were therefore not liable in Waste for damage caused by tempests,l earthquakes, 2 or fires of spontaneous origin.3 The identical principle obtained in trespass: 4 Fires that arose "suddenly" or "un...

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ژورنال

عنوان ژورنال: Zbornik radova Pravnog fakulteta, Novi Sad

سال: 2014

ISSN: 0550-2179

DOI: 10.5937/zrpfns48-5749