Which one of the following theory/view supports the fact that the recognition is retrospective, i.e.,…
The "Declaratory theory of recognition" treats recognition as merely acknowledging a pre-existing fact, so it has retroactive effect dating back to the State's coming into…
Choose your answer
Which one of the following theory/view supports the fact that the recognition is retrospective, i.e., it dates back to the day on which the State had come into existence?
Answer and explanation
Correct answer B
The "Declaratory theory of recognition" treats recognition as merely acknowledging a pre-existing fact, so it has retroactive effect dating back to the State's coming into existence; the "Constitutive theory of recognition" could not, since it makes personality begin only at recognition.
Practice for these exams
-
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Uttarakhand Judicial Services
Subject revision