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Concept of reason in jurisprudence
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Concept of reason in jurisprudence
The notion called reason or cause (causa petendi in the terminology of the Roman tradition), or even claim, responds to the need, felt by the study of process, for a link between substantive law and process through the statements of the party that takes the initiative of the judgment, aspiring to be right.
Therefore, the reason is essentially intended to recall and represent in the process the legal situation at issue according to the unilateral appreciation of the party that takes the initiative of the judgment.
The reason relied upon by the latter is nothing more than a one-sided and controversial presentation of the existing situation; and whether it is based on facts or not cannot be determined while the case is pending. It follows that, in the field of procedural law, it can and must be spoken of as a reason relied upon, even if, upon examination by the judge, it appears not to correspond to the real legal situation, that is, to be wholly or partially unfounded.
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Company name: the name of a company, that is the sign with which it distinguishes itself and differs from similar companies with which it has relations. It consists of the name of one or more partners with the indication of the corporate relationship. We speak of company name for general and limited partnerships. For the joint stock company, limited partnership and limited liability company, the law speaks of company name.
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Reason made: an expression equivalent to: doing justice to oneself, without the necessary recourse to the competent authority. It is, of course, contrary to the law, because the opposing party has no way of making his reasons heard before a neutral judge and because it is opposed to the very concept of justice, which resides as a right in the people, who delegate the exercise of it to their legitimate representatives; consequently, only the judges are the sole depositaries of the right authorized to exercise it.