Legal Fictions in Practice and Legal Science |
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Page 38
... Vaihinger was the founder of this school of thought . Vaihinger's philosophical study of the fiction is a comprehensive one , covering several aspects . His main conclusions are as follows . 1. THE THOUGHT PROCESS1 Vaihinger sees all ...
... Vaihinger was the founder of this school of thought . Vaihinger's philosophical study of the fiction is a comprehensive one , covering several aspects . His main conclusions are as follows . 1. THE THOUGHT PROCESS1 Vaihinger sees all ...
Page 41
... Vaihinger further classifies the tropic fictions into juristic , personifica- tory and summational fictions . 6. VAIHINGER'S VIEWS OF THE JURISTIC FICTION ? Vaihinger asserts that the legal fiction consists of the subsumption of a ...
... Vaihinger further classifies the tropic fictions into juristic , personifica- tory and summational fictions . 6. VAIHINGER'S VIEWS OF THE JURISTIC FICTION ? Vaihinger asserts that the legal fiction consists of the subsumption of a ...
Page 43
... Vaihinger cautions against this process of ideational shifts , as it leads to confusion and a complete negation of the truth . 8. ABSTRACT NOTIONS AS FICTIONS Finally , Vaihinger avers 13 that all abstract notions of scientific thought ...
... Vaihinger cautions against this process of ideational shifts , as it leads to confusion and a complete negation of the truth . 8. ABSTRACT NOTIONS AS FICTIONS Finally , Vaihinger avers 13 that all abstract notions of scientific thought ...
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 Uâ‚‚ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem