الرافدین للحقوق (Jun 2024)

Legal qualification His concept and subjectivity -A comparative study-

  • Mayada ALhamdany,
  • Abbas Saeed

DOI
https://doi.org/10.33899/rlawj.2020.127053.1067
Journal volume & issue
Vol. 26, no. 87
pp. 190 – 227

Abstract

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Legal qualification in general is matching the incident with the text that governs it to give it the proper legal description, as it is primarily a judicial mental activity. The qualification of criminal reality is one of the forms of legal qualification carried out by the criminal judge. This qualification has several images according to the angle from which it is viewed, as it is in terms of the topic divided into the qualification of the incident and the qualification of the crime, as well as legal qualification is divided into positive and negative qualification, and finally it is divided into a person-specific qualification and a subject-specific qualification if we look at it in terms of its scope of application. Legal qualification has its own subjectivity that distinguishes it from other legal terms, such as causation, attribution, legal description, conformity, and other legal terms.

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