Legal Fictions in Practice and Legal Science |
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Page 52
... legal science , however , we have a different situation . The law , being relationship norms , does not enunciate anything regarding reali- ty , but only enacts rules which have to be applied in certain circum- stances , viz . when ...
... legal science , however , we have a different situation . The law , being relationship norms , does not enunciate anything regarding reali- ty , but only enacts rules which have to be applied in certain circum- stances , viz . when ...
Page 77
... legal science to explain a legal rule , such as the fiction - theory of legal personality , the a jure facta requirement is not satisfied - these fictions are not prescribed or permitted by the law . If we wish to include under legal ...
... legal science to explain a legal rule , such as the fiction - theory of legal personality , the a jure facta requirement is not satisfied - these fictions are not prescribed or permitted by the law . If we wish to include under legal ...
Page 156
... legal scientist , therefore , generally concerns himself with explaining the rules of positive law . All jurists and at times non - jurists - practice legal science when- ever they examine , analyse and explain the law . This is not ...
... legal scientist , therefore , generally concerns himself with explaining the rules of positive law . All jurists and at times non - jurists - practice legal science when- ever they examine , analyse and explain the law . This is not ...
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