Legal Fictions in Practice and Legal Science |
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Page 19
... irrebuttable presumption as a legal fiction and not as a true presumption . Rudolph von Jhering ( 1818-1892 ) regarded the legal fiction as a means whereby juristic economy is sought to be attained , opining that the quest for logical ...
... irrebuttable presumption as a legal fiction and not as a true presumption . Rudolph von Jhering ( 1818-1892 ) regarded the legal fiction as a means whereby juristic economy is sought to be attained , opining that the quest for logical ...
Page 70
... presumption , we do not know whether the assumption is true or false ; the correctness of the presumption is in ... irrebuttable presumption , an assumption is made which may or may not coincide with reality , and which is usually but ...
... presumption , we do not know whether the assumption is true or false ; the correctness of the presumption is in ... irrebuttable presumption , an assumption is made which may or may not coincide with reality , and which is usually but ...
Page 73
... presumption is ap- parently structurally identical with a fiction in that it ... irrebuttable pre- sumption arises from the fact that we do in theory what ... irrebuttable pre- sumption , in the eyes of its applier , may be a fiction ...
... presumption is ap- parently structurally identical with a fiction in that it ... irrebuttable pre- sumption arises from the fact that we do in theory what ... irrebuttable pre- sumption , in the eyes of its applier , may be a fiction ...
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