Legal Fictions in Practice and Legal Science |
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Page 15
... discuss these contributions only . The main difference between the work of the glossators and Ultra- montani on the one hand , and the jurists presently under discussion on the other hand , is that whereas the former merely identified ...
... discuss these contributions only . The main difference between the work of the glossators and Ultra- montani on the one hand , and the jurists presently under discussion on the other hand , is that whereas the former merely identified ...
Page 24
... discussion of these aspects are dealt with later . For our present purpose , we turn to his discussion of the fiction concept itself . Eggens states that the fiction , correctly understood , does not ' feign ' or ' falsely represent ...
... discussion of these aspects are dealt with later . For our present purpose , we turn to his discussion of the fiction concept itself . Eggens states that the fiction , correctly understood , does not ' feign ' or ' falsely represent ...
Page 111
... discussion in Part One , chapter 1 . 2. Formulae ficticiae , a normal means of creating new law , in Tijdschrift voor Rechtsgeschiedenis , Vol . 9 , 1929 , 1-61 . 3. Ibid . , 7 . 4. See esp . Gai Inst . 4.38 and 3.81 and 3.84 and our ...
... discussion in Part One , chapter 1 . 2. Formulae ficticiae , a normal means of creating new law , in Tijdschrift voor Rechtsgeschiedenis , Vol . 9 , 1929 , 1-61 . 3. Ibid . , 7 . 4. See esp . Gai Inst . 4.38 and 3.81 and 3.84 and our ...
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