University of Szczecin

English abstract: From the very beginning, reflection on the sense of conventional acts (in law) accompanies theoretical considerations on conventional acts. On the one hand, that discussion can be considered developed and multi-threaded, and on the other hand, it is still open. This study is a voice in that discussion. The main aim of the article is to preliminary elaborate the identification process of conventional acts in law. The article also seeks to meet complementary research objectives which concern: 1) identifying the ways of understanding the meaning of conventional acts in the general theory of law, paying attention to the relationship between the definitions of the term “conventional act” and the understanding of the meaning of this type of acts, 2) considering problems of meaning levels of the conventional acts in law, and 3) describing the basic methodological assumptions of the conventional acts in law identification process. Particular attention is paid to the relationship between the way of defining the term “conventional act” and the identification process of this type of acts. Showing importance of this relationship allows to establish the proper place of the identification process within the concept of conventional acts in law and somehow “opens” the concept to issues which have not been, in the concept, the subject of systematic considerations.

Keywords: conventional acts, conventional acts in law, sense of conventional acts in law, conventional acts in law identification process

Language: Polish

Published: Number 3(28)/2021, pp. 54-68

DOI: https://doi.org/10.36280/AFPiFS.2021.3.54

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Number of downloads: 475

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

University of Szczecin

English abstract: The empirical research of the communication process at the trials which were held in common courts indicated, in particular, that the utterances of trial participants, despite their varied verbal forms, were identified as procedural acts. In addition, these verbal forms were often significantly different from the explicit forms where proper legal terms were used. The aforementioned results of the analysis lead the author to pose the following question: what thought processes (mechanisms) allow for the identification of procedural acts based on the utterances which are not explicit for the performance of these acts. The aim of this paper is to describe these types of mechanisms. The utterances of participants of a trial illustrate the issues taken into consideration in this paper.

Keywords: conventional acts, procedural acts, identification of procedural acts, trial, interpretation of procedural statements

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 21-36.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.21ENG

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Number of downloads: 434