THE NATURE AND CONTENT OF ANALOGY: THE LIMITS AND CONDITIONS OF ITS APPLICATION

Authors

  • Rafik Petrosyan Eurasia International University
  • Garegin Petrosyan National Assembly of the Republic of Armenia

Keywords:

constitution, permission act, analogy, reasonableness, justice, logical, legal, components, authoritative, generations, false fictions in law.

Abstract

RA Constitution Article 39 states that “A human being shall be free to do all that does not violate the rights of others and does not contradict the Constitution and laws. No one may bear obligations that are not stipulated by law.’’ Following the general allowing provision of legal regulation, the article posits that the content of acting law is comprised not only by the accepted norms of legislator (or other legal bodies) but also such kind of law authorizing components as law principles, legal definitions, legal fictions and general permission. The article also touches upon such kind of right and law analogy concepts and application conditions that are to be regulated by law, however of not being regulated by legal norms or that of not fully regulated relations on applying artifice.

Author Biographies

Rafik Petrosyan, Eurasia International University

Head of the Department of Law at Eurasia International University, Doctor of Law, Full Professor, Honored Lawyer of the RA

research.incubator@eiu.am

Garegin Petrosyan, National Assembly of the Republic of Armenia

Head of the Legal Department of the RA National Assembly Staff, First Class Advisor of the RA State Service, Ph.D. in Law 

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Published

2018-06-22

How to Cite

Petrosyan Ռ. ., & Petrosyan Գ. . (2018). THE NATURE AND CONTENT OF ANALOGY: THE LIMITS AND CONDITIONS OF ITS APPLICATION. Banber Eurasia International University, 1(1), 17–35. Retrieved from https://banber.eiu.am/index.php/banber/article/view/58

Issue

No. 1 (2018): Բանբեր-2018-01

Section

JURISPRUDENCE