Legal Fictions in Practice and Legal Science |
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Page 106
... historical ' fic- tions in the BW , the general issue should be considered : is the adop- tion of a historical fiction in legislation to be approved or disap- proved ? On the one hand , it can be argued that the adoption of historical ...
... historical ' fic- tions in the BW , the general issue should be considered : is the adop- tion of a historical fiction in legislation to be approved or disap- proved ? On the one hand , it can be argued that the adoption of historical ...
Page 110
... fiction . In my opinion , these two approaches are not in opposition . The first approach judges the fiction at a stage when it has become sterile ; the other judges it as a living and virile institution . My view is that historical ...
... fiction . In my opinion , these two approaches are not in opposition . The first approach judges the fiction at a stage when it has become sterile ; the other judges it as a living and virile institution . My view is that historical ...
Page 131
... fictions . Legal science aims at the truth in all spheres of legal activity ... historical fiction , it may do so . The judge plays another rôle in society ... fictions is probably representative of that of their colleagues through- out ...
... fictions . Legal science aims at the truth in all spheres of legal activity ... historical fiction , it may do so . The judge plays another rôle in society ... fictions is probably representative of that of their colleagues through- out ...
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