Legal Fictions in Practice and Legal Science |
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Page 25
... fiction is basically a stan- dard - typification . ' Basically , to employ fictions is the same as employing standard types . By fic- tions situations , which do not possess al the qualities of the other situations which belong to the ...
... fiction is basically a stan- dard - typification . ' Basically , to employ fictions is the same as employing standard types . By fic- tions situations , which do not possess al the qualities of the other situations which belong to the ...
Page 63
... fictions are contra veritatem , the law does not and cannot employ fictions in the true sense of the word . I have also argued that this school of thought must be rejected . Its views are based on a wrong concept of the veritas with ...
... fictions are contra veritatem , the law does not and cannot employ fictions in the true sense of the word . I have also argued that this school of thought must be rejected . Its views are based on a wrong concept of the veritas with ...
Page 144
... fictions , which conceal the harshness of a legal rule . 3.3 Conservatism of policy It is widely accepted that judges employ fictions to conceal the fact that they have created new law or rejected existing premises in their judgments ...
... fictions , which conceal the harshness of a legal rule . 3.3 Conservatism of policy It is widely accepted that judges employ fictions to conceal the fact that they have created new law or rejected existing premises in their judgments ...
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