Legal Fictions in Practice and Legal Science |
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Page 115
... interpretation and construction of contracts . Two fundamentally opposite approaches exist with regard to the interpretation and construction of contracts . Firstly , there is the ' factual ' or ' historical - psychological ' approach ...
... interpretation and construction of contracts . Two fundamentally opposite approaches exist with regard to the interpretation and construction of contracts . Firstly , there is the ' factual ' or ' historical - psychological ' approach ...
Page 116
... interpretation is not the psychological will of the parties , but the resultant act . Interpretation , in this view , is the deter- mination of the legal implications of the concluded contract , and not that of the preceding intentions ...
... interpretation is not the psychological will of the parties , but the resultant act . Interpretation , in this view , is the deter- mination of the legal implications of the concluded contract , and not that of the preceding intentions ...
Page 126
... interpretation do not even refer to the bona fide principle . 50 New rules of interpretation were developed in Roman - Dutch law . Although the first rule , as presented by Van der Linden , is that the intention of the parties should be ...
... interpretation do not even refer to the bona fide principle . 50 New rules of interpretation were developed in Roman - Dutch law . Although the first rule , as presented by Van der Linden , is that the intention of the parties should be ...
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