Legal fictions in practice and legal science |
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Page 13
Azo 44 distinguishes between fiction and presumption on the basis that the latter
is applied in dubio (obviously meaning ... distinction and equate fiction and the
irrebuttable presumption,45 Azo's distinction is adopted by the Accursian Glossa
...
Azo 44 distinguishes between fiction and presumption on the basis that the latter
is applied in dubio (obviously meaning ... distinction and equate fiction and the
irrebuttable presumption,45 Azo's distinction is adopted by the Accursian Glossa
...
Page 70
In the case of a rebuttable presumption, the law allows counterproof to the
provisional assumption. ... In the case of the irrebuttable presumption, an
assumption is made which may or may not coincide with reality, and which is
usually but not ...
In the case of a rebuttable presumption, the law allows counterproof to the
provisional assumption. ... In the case of the irrebuttable presumption, an
assumption is made which may or may not coincide with reality, and which is
usually but not ...
Page 73
The conclusive presumption is apparently structurally identical with a fiction in
that it is an incontestable, consciously false ... The problem of distinction between
fiction and irrebuttable presumption arises from the fact that we do in theory what
...
The conclusive presumption is apparently structurally identical with a fiction in
that it is an incontestable, consciously false ... The problem of distinction between
fiction and irrebuttable presumption arises from the fact that we do in theory what
...
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Contents
The continental romanistic concept | 3 |
Vaihinger and his followers | 38 |
Denial of the legal fiction | 50 |
Copyright | |
5 other sections not shown
Common terms and phrases
accepted action adopted analogy analysis applied assumptio Bartolus basis bona child Cinus conclusion conclusive presumption condition conservatism contract contradiction contrary to reality court created deemed definition discussion doctrine of fictional dogmatic fiction employ fictions equity example existing expression fact factual false assumption feigned fiction concept fictional fulfilment fictitious formulae ficticiae Gaius glossators historical fictions Hoge Raad Ibid implied term Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Kaser legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise means merely metaphor nasciturus fiction nature norms object particular parties person positive law practical praetor presumption principle quod Recht recognised regarded Roman law Roman-Dutch law rules of law Section sense situation South African statute theoretical fictions theory thought tion truth Ulpian usucapio Vaihinger Vaihinger's veritate veritatem element
Bibliographic information
| Title | Legal fictions in practice and legal science Volume 2 of Sociology, law and legal theory |
| Author | Pierre Johannes Jeremia Olivier |
| Publisher | Rotterdam University Press, 1975 |
| ISBN | 9023762355, 9789023762355 |
| Length | 176 pages |
| Subjects | › Fictions (Law) Law / General Law / Reference |
| Export Citation | BiBTeX EndNote RefMan |