Legal fictions in practice and legal science |
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Page 100
37 3.2 Fictions providing that a repealed statute is still in force Sec 141 of South
African Act 20 of 1967, the Mining Rights Act, provides: 'The Sale of Agricultural
Produce on certain Mines Act, 1917, shall, notwithstanding its repeal by section ...
37 3.2 Fictions providing that a repealed statute is still in force Sec 141 of South
African Act 20 of 1967, the Mining Rights Act, provides: 'The Sale of Agricultural
Produce on certain Mines Act, 1917, shall, notwithstanding its repeal by section ...
Page 103
Section 26 of South African Act 20 of 1967, the Mining Rights Act, provides for the
conditions attaching to mining leases granted to holders of rights to precious
metals on unproclaimed private land. Section 30 of the same Act provides for ...
Section 26 of South African Act 20 of 1967, the Mining Rights Act, provides for the
conditions attaching to mining leases granted to holders of rights to precious
metals on unproclaimed private land. Section 30 of the same Act provides for ...
Page 131
He is not empowered to reject the fiction because positive law is binding upon
him. South African law is an excellent example of an uncodified system based on
common law which goes back through Roman-Dutch law to Roman law.
He is not empowered to reject the fiction because positive law is binding upon
him. South African law is an excellent example of an uncodified system based on
common law which goes back through Roman-Dutch law to Roman law.
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Contents
The continental romanistic concept | 3 |
Vaihinger and his followers | 38 |
Denial of the legal fiction | 50 |
Copyright | |
5 other sections not shown
Common terms and phrases
accepted action adopted analogy analysis applied assumptio Bartolus basis bona child Cinus conclusion conclusive presumption condition conservatism contract contradiction contrary to reality court created deemed definition discussion doctrine of fictional dogmatic fiction employ fictions equity example existing expression fact factual false assumption feigned fiction concept fictional fulfilment fictitious formulae ficticiae Gaius glossators historical fictions Hoge Raad Ibid implied term Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Kaser legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise means merely metaphor nasciturus fiction nature norms object particular parties person positive law practical praetor presumption principle quod Recht recognised regarded Roman law Roman-Dutch law rules of law Section sense situation South African statute theoretical fictions theory thought tion truth Ulpian usucapio Vaihinger Vaihinger's veritate veritatem element