Abstract

GARCIA-YZAGUIRRE, JOSÉ VÍCTOR. PRIMA FACIE VALIDITY AND THE PRINCIPLE OF DEFEASIBILITY OF THE LAW. Díkaion [online]. 2012, vol.21, n.2, pp.459-487. ISSN 0120-8942.

This article explores the theoretic implications of prima facie and how it relates to defeasibility, a principle that can be applied to justify the failure to fulfill a legal obligation when there is a duty to comply with another obligation in a context in which the two are incompatible. We will start from the support of the concept by analyzing the role and the importance of context in legal reasoning; then, we will arrive at specific guidelines on how it works in judicial practice by providing some hypothetical and judicial examples.

Keywords : Legal interpretation; legal duties; prima facie; final validity; defeasibility principle.

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