Legal fictions in practice and legal science |
From inside the book
Results 1-3 of 12
Page 7
ed if the notions of law and equity clearly required the facts of the case to give
rise to an action;24 secondly, by prescribing a so-called formula ficticia.25 In Inst.
4.34 Gaius commences his exposition of the formulae ficti- ciae with the words: ...
ed if the notions of law and equity clearly required the facts of the case to give
rise to an action;24 secondly, by prescribing a so-called formula ficticia.25 In Inst.
4.34 Gaius commences his exposition of the formulae ficti- ciae with the words: ...
Page 78
However, fictions are employed for other purposes than the quest for equity.
Fictions are also used for functional, practical purposes. Legislatures employ
fictions in order to facilitate statutory formulation, e.g. as instruments of cross-
reference, ...
However, fictions are employed for other purposes than the quest for equity.
Fictions are also used for functional, practical purposes. Legislatures employ
fictions in order to facilitate statutory formulation, e.g. as instruments of cross-
reference, ...
Page 116
For this reason, interpretation is primarily concerned with standards of law and
justice, with equity, reasonableness and practical efficacy. In Roman law a
distinction was drawn between actiones stricti iuris and actiones bonae fidei. To
the ...
For this reason, interpretation is primarily concerned with standards of law and
justice, with equity, reasonableness and practical efficacy. In Roman law a
distinction was drawn between actiones stricti iuris and actiones bonae fidei. To
the ...
What people are saying - Write a review
We haven't found any reviews in the usual places.
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