Legal Fictions in Practice and Legal Science |
From inside the book
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Page 4
... false factual assumption is contained in a legal rule , and where the object of the construction is not to justify fraus legis . In Boyer's examples , the false assumption is not prescribed by law and is resorted to to evade binding ...
... false factual assumption is contained in a legal rule , and where the object of the construction is not to justify fraus legis . In Boyer's examples , the false assumption is not prescribed by law and is resorted to to evade binding ...
Page 69
... false assumption . This means that the assumption made by the fiction becomes con- clusive or irrebuttable . If the law instructs us to accept a fact pro veritate , it means that that fact must be accepted as if it were the truth , i.e. ...
... false assumption . This means that the assumption made by the fiction becomes con- clusive or irrebuttable . If the law instructs us to accept a fact pro veritate , it means that that fact must be accepted as if it were the truth , i.e. ...
Page 73
... false acceptance of a fact in order to serve as a basis . for a rule of law . The fact which is consciously and falsely assumed is that the major premise , the statement ' The presence of Fact X is con- clusive proof of Fact A ' , is ...
... false acceptance of a fact in order to serve as a basis . for a rule of law . The fact which is consciously and falsely assumed is that the major premise , the statement ' The presence of Fact X is con- clusive proof of Fact A ' , is ...
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