Legal Fictions in Practice and Legal Science |
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Page 123
... intention of the parties , that the judges of the nineteenth century attempted to express the great bulk of the actual rules of the law of contract as depending on the intention of the parties . In other words , when a dispute arose ...
... intention of the parties , that the judges of the nineteenth century attempted to express the great bulk of the actual rules of the law of contract as depending on the intention of the parties . In other words , when a dispute arose ...
Page 126
... intention of the parties should be determined , the main body of the interpretation rules represent the normative approach . They prescribe rules which the judge has to apply irrespective of the real or presumed will of the parties ...
... intention of the parties should be determined , the main body of the interpretation rules represent the normative approach . They prescribe rules which the judge has to apply irrespective of the real or presumed will of the parties ...
Page 127
... intention of the parties as the ultimate criterion , should at the same time limit evidence by which the intention can be proved . This is not only con- tradictory but self - defeating and leads to practical absurdities , i.a. that the ...
... intention of the parties as the ultimate criterion , should at the same time limit evidence by which the intention can be proved . This is not only con- tradictory but self - defeating and leads to practical absurdities , i.a. that the ...
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