Legal Fictions in Practice and Legal Science |
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Page 10
... basis of the lex . With the passage of time , the jurists even extended the fictio legis Corneliae far beyond the scope of the lex Cornelia de falsis : the citizen was regarded as having died at the moment of his capture by the enemy so ...
... basis of the lex . With the passage of time , the jurists even extended the fictio legis Corneliae far beyond the scope of the lex Cornelia de falsis : the citizen was regarded as having died at the moment of his capture by the enemy so ...
Page 21
... basis . In the result , says Bernhöft , nothing is feigned . When Bernhöft's discussion is analysed , it soon becomes clear that his view does not really differ from the traditional concept . He also has to employ the notion of feigned ...
... basis . In the result , says Bernhöft , nothing is feigned . When Bernhöft's discussion is analysed , it soon becomes clear that his view does not really differ from the traditional concept . He also has to employ the notion of feigned ...
Page 60
... basis of an argument ; the action of assuming or that which is assumed ( which may be either true or false ) as a basis of argument , or a premise from which a conclusion can be drawn ( 1596 ) ; a hypothetical inference , or the action ...
... basis of an argument ; the action of assuming or that which is assumed ( which may be either true or false ) as a basis of argument , or a premise from which a conclusion can be drawn ( 1596 ) ; a hypothetical inference , or the action ...
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