Year: 2024
Type: article
Abstract: Rule of thumb as an effective means to carry out the free heart, in promoting social fairness and justice played a significant role, its meaning is in the process of litigation, according to the law, daily life experience or determine the fact and derived another fact, then the fact can rely on high cover without proof can be determined as true. The application of rules of thumb plays a very important position in litigation at home and abroad, but because it belongs to the free evidence of judges to a large extent, it is easy to deviate due to various factors, such as ignoring application and wrong application. This paper will discuss the role and limitations of the rule of thumb in the private lending disputes. Through the study and summary of past cases, we try to analyze the performance and reasons of the improper application of empirical rules, and how they should be applied in civil lending disputes.
Source: Journal of economics and law.
Author: Tingting Jin
Institution: China Jiliang University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409980924