Legal Fictions in Practice and Legal Science |
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Page 19
... law forced a person to perform in order that legal consequences could be attached to a particular situation . Instead of attaching the conse- quences directly to the situation , the law prescribes the act and then attaches the consequences ...
... law forced a person to perform in order that legal consequences could be attached to a particular situation . Instead of attaching the conse- quences directly to the situation , the law prescribes the act and then attaches the consequences ...
Page 21
... legal results are ascribed to a specific fact ( the fiction base ) as those attached to another fact ( the feigned fact ) . 93 One first imag- ines the set of facts b , i.e. the imaginary facts and considers what legal consequences ...
... legal results are ascribed to a specific fact ( the fiction base ) as those attached to another fact ( the feigned fact ) . 93 One first imag- ines the set of facts b , i.e. the imaginary facts and considers what legal consequences ...
Page 165
... legal development . With the aid of fiction we are only permitted to represent that one fact has the same legal consequences as another . And herein lurks the great danger inherent in the use of fictions . Take the example given above ...
... legal development . With the aid of fiction we are only permitted to represent that one fact has the same legal consequences as another . And herein lurks the great danger inherent in the use of fictions . Take the example given above ...
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