The Logical - Legal Process of the Convictions of Tax Judges
Judicial conviction, approached as a logical legal process, is a complex challenge for those who see in the work of the judge something more than a simple application of a legal syllogism. Contemporary doctrines increasingly recognize the active role of judges in the creation of law, which is reflec...
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| Format: | article |
| Idioma: | spa |
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2017
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| Accés en línia: | http://www.revistarfjpuce.edu.ec/index.php/rfj/article/view/10 |
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Afegir etiqueta | Sumari: | Judicial conviction, approached as a logical legal process, is a complex challenge for those who see in the work of the judge something more than a simple application of a legal syllogism. Contemporary doctrines increasingly recognize the active role of judges in the creation of law, which is reflected, at least in theory, in better founded judgments which have a more solid logical structure. From these presuppositions, this article, in a general way, describes the logical-juridical mental process that the tax judge must follow to obtain the long-awaited conviction in their decision, always observing the particular characteristics of the substantive and adjective activity of the tax law. KEYWORDS: Logical-Legal process, tax judge, tax law, conviction, administrative court JEL CODE: D63, E35 |
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