Legal Fictions in Practice and Legal Science |
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Page 56
... applied to facts and because fiction assumes and changes the facts to which the law must be applied , it follows that fictions can exist in the law , i.e. can be prescribed and employed by the law . The views of Demelius , Sturm , Somló ...
... applied to facts and because fiction assumes and changes the facts to which the law must be applied , it follows that fictions can exist in the law , i.e. can be prescribed and employed by the law . The views of Demelius , Sturm , Somló ...
Page 85
... applied simultaneously or in opposition , and that two fictions should never be applied simultaneously or in opposition in the same case . " 8 In a certain sense , the doctrine of the duo extrema , first launched and discussed by Pierre ...
... applied simultaneously or in opposition , and that two fictions should never be applied simultaneously or in opposition in the same case . " 8 In a certain sense , the doctrine of the duo extrema , first launched and discussed by Pierre ...
Page 116
... applied : ' Quidquid adstringendae obligationis est , id nisi palam verbis ex- primitur , omissum intellegendum est ... applied irrespective of the actual intention of the parties . The rules were considered good and just . They became ...
... applied : ' Quidquid adstringendae obligationis est , id nisi palam verbis ex- primitur , omissum intellegendum est ... applied irrespective of the actual intention of the parties . The rules were considered good and just . They became ...
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