Legal Fictions in Practice and Legal Science |
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Page 27
... bona fides was always presumed , though this presumption could be rebutted . ' Buckland avers that possession only was feigned - there was no fiction that the plaintiff had become owner by usucapion , for such a fiction would have left ...
... bona fides was always presumed , though this presumption could be rebutted . ' Buckland avers that possession only was feigned - there was no fiction that the plaintiff had become owner by usucapion , for such a fiction would have left ...
Page 126
... bona fide rules . Writers on interpretation do not even refer to the bona fide principle . 50 New rules of interpretation were developed in Roman - Dutch law . Although the first rule , as presented by Van der Linden , is that the ...
... bona fide rules . Writers on interpretation do not even refer to the bona fide principle . 50 New rules of interpretation were developed in Roman - Dutch law . Although the first rule , as presented by Van der Linden , is that the ...
Page 151
... Bona Fides in the Actio ex empto ' , 1932 LQR 217 ; F. Schulz , Classical Roman Law , Oxford , 1954 , 525 ; H. F. Jolowicz , Historical Introduction to Roman Law , 2nd ed . Cambridge , 1952 , 421 . 7. See J. C. van Oven , Leerboek , 258 ...
... Bona Fides in the Actio ex empto ' , 1932 LQR 217 ; F. Schulz , Classical Roman Law , Oxford , 1954 , 525 ; H. F. Jolowicz , Historical Introduction to Roman Law , 2nd ed . Cambridge , 1952 , 421 . 7. See J. C. van Oven , Leerboek , 258 ...
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