1. BRIEF CONSIDERATIONS ON THE LEGAL NATURE OF EXTRAJUDICIAL MEDIATION OF CONFLICTS
- Author
-
Luis Daniel Alves Lima and Sergio Torres Teixeira
- Subjects
extrajudicial mediation of conflicts ,dispute resolution ,juridic business ,performative acts ,pre-procedural business ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
What is the legal nature of extrajudicial conflict mediation? The article aims to provide a brief explanation of this question. For this, a literature review and legislative analysis will be carried out in order to present the general concepts of the theories concerning extrajudicial mediation and legal business. Deductive reasoning will be used, adopting, as a theoretical framework, the Theory of Legal Fact proposed by Francisco Cavalcanti Pontes de Miranda plus the Theory of Performative Acts by John Austin. As a result of this analysis, it was found that extrajudicial mediation of conflicts is a kind of preprocedural legal business with possible procedural effects.
- Published
- 2021
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