Legal fictions in practice and legal science |
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Page 61
The meanings: ordering, guidance, disposal, etc., are not applicable at all. The
word dispositio as part of the fiction definition creates the danger of defining and
understanding the fiction as a legal rule. A fiction is not a legal rule, but a factual ...
The meanings: ordering, guidance, disposal, etc., are not applicable at all. The
word dispositio as part of the fiction definition creates the danger of defining and
understanding the fiction as a legal rule. A fiction is not a legal rule, but a factual ...
Page 76
.'M and 'If the desired legal consequences were attained . . . the old jurists did not
care much whether the wording of the rule or the sense of the ritual act still
applied to the new purpose. Many of the Roman imaginary acts are thus untrue:
man- ...
.'M and 'If the desired legal consequences were attained . . . the old jurists did not
care much whether the wording of the rule or the sense of the ritual act still
applied to the new purpose. Many of the Roman imaginary acts are thus untrue:
man- ...
Page 78
would be impossible, then this element qualifies the law and not the legal fiction.
It rather admonishes the ... The theoretical fiction is created or employed by a
jurist in order to explain a legal rule and for no other purpose. Taking all these
facts ...
would be impossible, then this element qualifies the law and not the legal fiction.
It rather admonishes the ... The theoretical fiction is created or employed by a
jurist in order to explain a legal rule and for no other purpose. Taking all these
facts ...
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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