Legal Fictions in Practice and Legal Science |
From inside the book
Results 1-3 of 17
Page 54
... contrary to reality . Those who see the legal fiction as an assump- tion contrary to reality or to the truth must necessarily see the law as a system of truth - judgments , i.e. as rules stating something about reality . In Esser's ...
... contrary to reality . Those who see the legal fiction as an assump- tion contrary to reality or to the truth must necessarily see the law as a system of truth - judgments , i.e. as rules stating something about reality . In Esser's ...
Page 55
... contrary to reality , the law , not pertaining to reality , cannot contain or employ fictions . What we usually accept as fictions are mere forms of expression , methods of cross - reference , equalisa- tion . The fallacy of this ...
... contrary to reality , the law , not pertaining to reality , cannot contain or employ fictions . What we usually accept as fictions are mere forms of expression , methods of cross - reference , equalisa- tion . The fallacy of this ...
Page 62
... contrary to these facts , i.e. the opposite facts are accepted as having been proven , or facts which are irrecon ... reality and then they give to ' reality ' the narrow meaning of natural , physical facts . From this they deduce that ...
... contrary to these facts , i.e. the opposite facts are accepted as having been proven , or facts which are irrecon ... reality and then they give to ' reality ' the narrow meaning of natural , physical facts . From this they deduce that ...
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