Legal Fictions in Practice and Legal Science |
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Page 4
... examples given by Boyer1 are not examples of legal fictions at all , but evidence of simulation . As will appear from our analysis of the fiction concept , the term ' legal fiction ' can only be validly employed where a false factual ...
... examples given by Boyer1 are not examples of legal fictions at all , but evidence of simulation . As will appear from our analysis of the fiction concept , the term ' legal fiction ' can only be validly employed where a false factual ...
Page 8
... example of the formula ficticia in Inst . 4.38 . According to the ius civile , the liability of a debtor was extinguished if capitis deminutio took place after the obligation had arisen . In order to protect the creditor , the praetor ...
... example of the formula ficticia in Inst . 4.38 . According to the ius civile , the liability of a debtor was extinguished if capitis deminutio took place after the obligation had arisen . In order to protect the creditor , the praetor ...
Page 85
... example of a case in which a retrospective fiction could not be applied because the extremum ad quod falls away , Bartolus uses the example of a donation made by a husband to his wife stante matrimonio . If the husband dies , such a ...
... example of a case in which a retrospective fiction could not be applied because the extremum ad quod falls away , Bartolus uses the example of a donation made by a husband to his wife stante matrimonio . If the husband dies , such a ...
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 U₂ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem