Marcos Bernardes De Mello's Theory Of Legal Facts

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This review is a stretch of Marcos Bernardes de Mello's work, "Theory of Legal Fact: plane of existence." In the first part, they are treated different views on the concept of legal fact, especially of Savigny and Miranda bridges.
Great emphasis was given to the discussion of the legal fact classification criteria. Mello begins his presentation by approaches that considered unscientific, is the study of the cause from the consequence, or by ineffectiveness cover the wide range of existing legal facts.
Once adopted the classification criteria, Mello part to the division of legal fact, according to compliance (or not) with the right to human presence and the possible willingness of conduct. Finally, he presents his answer many questions and
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According to this criterion, the involuntary acts may be necessary or incidental, and voluntary acts may be legal or illegal. Lawful acts are simply lawful or legal. (MELLO, 2014, p.168).
Although not fully agree with the proposal (Mello considers it appropriate the terminology), the author extols the scope of taxonomy and classification accuracy, particularly the distinction between legal act in general and act-fact legal. For him, Teixeira de Freitas was wronged because its proposal was virtually ignored in Brazil, even though more advanced than many others of the same age. (MELLO, 2014, p.169).
2:23 The criterion adopted
Again, Mello alludes to the work of Miranda Bridges to adopt a satisfactory criterion for the classification of legal facts. This criterion is based on the factual support nuclear data. The cores differentials were identified as: compliance or not the legal fact with the right and the presence or absence of voluntary human act in factual support. The proposal was praised for its scientific character, which allows the correct identification of any legal fact. (MELLO, 2014, p.170).
2:24 Compliance and annoyance to the right
(A)
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The fact that the classification should be based on his hypothetical support, never in its actual form possible. Are irrelevant, since, the name given by those involved (nomen iuris) and the desired setting. To illustrate his argument, the author cites a named contract by the lending parties but whose terms refer to the partnership, support that characterized the relationship. He also cites the example of death by homicide, strictly speaking legal fact in civil and support element of the crime of murder in the criminal law. (MELLO, 2014,

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