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Principle of typicality

From Wikipedia, the free encyclopedia
General legal principle

Theprinciple of typicality (from theGreek termtypikos which means model) is a generallegal principle that takes on different meanings in contexts.[1]

Criminal law

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Incriminal law, the principle of typicality, also defined as the prohibition ofanalogy, indicates that the criminal law applies only to real events that actually relate to the abstract case, without having recourse to the principle of analogy.[2]

The principle of typicality provides that for each crime the essential elements must be defined, which will make up the abstract case; and consequently the negative value necessary to identify, through theprinciple of proportionality, the appropriate penalty.[3]

Commercial law

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Incommercial law, the principle of typicality indicates that real rights are predetermined by the law in a certain number of figures, for this reason called typical, which cannot be further increased on the basis of the will of private individuals.[4]

Administrative law

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Inadministrative law, the principle of typicality indicates that administrative acts are to be considered anumerus clausus (closed number) and precisely for this reason they are identified only with those provided for by law by the Italian administrative system.[5]

References

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  1. ^"Tipicità | La Legge per tutti" (in Italian).Archived from the original on 2017-05-24. Retrieved2021-02-07.
  2. ^Themelize.me."Guida a Open Graph".www.tesionline.it (in Italian).Archived from the original on 2021-02-07. Retrieved2021-02-07.
  3. ^Grimaldi, Ilaria (2020-05-06)."Il principio di proporzionalità della pena nel disegno della Corte Costituzionale".Giurisprudenza penale (in Italian).Archived from the original on 2021-02-07. Retrieved2021-02-07.
  4. ^Themelize.me."Guida a Open Graph".www.tesionline.it (in Italian).Archived from the original on 2021-02-07. Retrieved2021-02-07.
  5. ^"Provvedimento, tipicità".www.exeo.it (in Italian).Archived from the original on 2020-09-26. Retrieved2021-02-07.
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