Legal Fictions in Practice and Legal Science |
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Page 44
... conclusion that if , as they hold , the legal personality of the corporation is a fiction , so is also the notion of a legal right , a legal duty , and of obligation generally ; in short , that all that goes by the name of legal science ...
... conclusion that if , as they hold , the legal personality of the corporation is a fiction , so is also the notion of a legal right , a legal duty , and of obligation generally ; in short , that all that goes by the name of legal science ...
Page 46
... conclusion to which legal positivism ( the imperative theory ) leads is that of negating the existence of subjective rights . This is explained by Karl Olivecrona : ' There is no place for [ the traditional concept of a right ] in the ...
... conclusion to which legal positivism ( the imperative theory ) leads is that of negating the existence of subjective rights . This is explained by Karl Olivecrona : ' There is no place for [ the traditional concept of a right ] in the ...
Page 115
... conclusion of the contract . Because this will is not directly per- ceptible , regard must of necessity be paid to the external manifestation of the will , i.e. the declaration of the will , either in the form of the offer and ...
... conclusion of the contract . Because this will is not directly per- ceptible , regard must of necessity be paid to the external manifestation of the will , i.e. the declaration of the will , either in the form of the offer and ...
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