Legal Fictions in Practice and Legal Science |
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Page 68
... existing qualities as existing . The fiction first assures us that in reality the object does not possess certain qualities and then orders us to assume these qualities . There is no attempt to mislead ; the fic- tion does not simply ...
... existing qualities as existing . The fiction first assures us that in reality the object does not possess certain qualities and then orders us to assume these qualities . There is no attempt to mislead ; the fic- tion does not simply ...
Page 107
... existing state of affairs which is osten- sibly maintained intact . Current opinions need not be altered and yet ... existing historical fictions . A fiction should be a symptom signalising an un- solved problem , and we should be ...
... existing state of affairs which is osten- sibly maintained intact . Current opinions need not be altered and yet ... existing historical fictions . A fiction should be a symptom signalising an un- solved problem , and we should be ...
Page 145
... existing law . In this way existing treatises will not have to be rewritten - if one reads judiciously between the lines , everything now stated in them remains true . Lawyers will not have to change their concepts - they need only ...
... existing law . In this way existing treatises will not have to be rewritten - if one reads judiciously between the lines , everything now stated in them remains true . Lawyers will not have to change their concepts - they need only ...
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