Legal Fictions in Practice and Legal Science |
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Page 8
... accepted that he was ; they were all aware that the period of usuca- pio had not lapsed ; that the peregrinus was not a Roman citizen ; that the debtor had undergone capitis deminutio , but accepted the contrary deliberately , conscious ...
... accepted that he was ; they were all aware that the period of usuca- pio had not lapsed ; that the peregrinus was not a Roman citizen ; that the debtor had undergone capitis deminutio , but accepted the contrary deliberately , conscious ...
Page 34
... accepted as true and correct . Fuller correctly points out that a false conclusion or hypothesis is accepted as dogma by those who believe in its correctness ; at the same time , it is rejected as a fiction by those who perceive its ...
... accepted as true and correct . Fuller correctly points out that a false conclusion or hypothesis is accepted as dogma by those who believe in its correctness ; at the same time , it is rejected as a fiction by those who perceive its ...
Page 132
... accepted in the case of Gowan v . Bowern . Plaintiff , a ship and general broker , sold to one N a ship on behalf of defendant . The purchase price of the ship was £ 140 000 payable by N to defendant in instalments , and defendant ...
... accepted in the case of Gowan v . Bowern . Plaintiff , a ship and general broker , sold to one N a ship on behalf of defendant . The purchase price of the ship was £ 140 000 payable by N to defendant in instalments , and defendant ...
Contents
The continental romanistic concept | 3 |
The in re certa element | 4 |
The AngloAmerican jurists | 32 |
Copyright | |
6 other sections not shown
Common terms and phrases
abstract notions accepted action analogy analysis applied assumptio Bartolus basic basis Buckland causa certa Cinus Commentaria conclusion conclusive presumption contract Cornelia court created deemed discussion doctrine dogmatic fiction element example existing expression factual false assumption fiction concept fiction definition fictitious formulae ficticiae Gaius glossators historical fictions Ibid implied Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Justinian Kaser legal concepts legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise mancipatio means merely metaphor nature norms object particular parties Pierre de Belleperche plaintiff practical praetor prescribed presumption principle pro veritate quod Recht regarded Roman law Roman-Dutch law rules of law scientific sense situation South African statute theoretical fictions theory thought tion traditional view true fictions truth U₂ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem