Legal fictions in practice and legal science |
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Page 75
The result was that the father, wishing to emancipate a child, could employ the
mancipatio procedure. But the mancipatio ... does not really wish to sell the child,
but in order to emancipate it, had to perform the ritual of selling and re-
purchasing.
The result was that the father, wishing to emancipate a child, could employ the
mancipatio procedure. But the mancipatio ... does not really wish to sell the child,
but in order to emancipate it, had to perform the ritual of selling and re-
purchasing.
Page 112
... and shall be liable to the penalties prescribed in the said section for the
particular offence which he has attempted to commit.' 10. Sec. 9 (2) of Act 11/
1967; Sec. 15 of Act 30/1967; Sec. 56 of Act 86/1967. 11. Sec. 2 BW: "The child of
which a ...
... and shall be liable to the penalties prescribed in the said section for the
particular offence which he has attempted to commit.' 10. Sec. 9 (2) of Act 11/
1967; Sec. 15 of Act 30/1967; Sec. 56 of Act 86/1967. 11. Sec. 2 BW: "The child of
which a ...
Page 133
In the same manner numerous other historical fictions have been taken over in
our law, e.g. that an illegitimate child has no father and does not succeed on
intestacy to his father or father's relations;75 that an illegitimate child is
legitimated by ...
In the same manner numerous other historical fictions have been taken over in
our law, e.g. that an illegitimate child has no father and does not succeed on
intestacy to his father or father's relations;75 that an illegitimate child is
legitimated by ...
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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