Legal Fictions in Practice and Legal Science |
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Page 62
... particular case under consideration , certain facts are proven or are probable and that an assumption is made ... particular fact , viz . that the child had not yet been born in the particular case before the court . As soon as the ...
... particular case under consideration , certain facts are proven or are probable and that an assumption is made ... particular fact , viz . that the child had not yet been born in the particular case before the court . As soon as the ...
Page 64
... particular facts . In the case of a theoretical fiction the facts are not proved before us as in a court of law , but we say : suppose the facts are such and such , then assume deliberately , contrary to these facts , the following ...
... particular facts . In the case of a theoretical fiction the facts are not proved before us as in a court of law , but we say : suppose the facts are such and such , then assume deliberately , contrary to these facts , the following ...
Page 165
... particular in- stance nothing else than that the legal rules appicable in the particular case to A must also be applied to B ; that B has particular legal consequences in com- mon with A. The tendency , however , exists to extend the ...
... particular in- stance nothing else than that the legal rules appicable in the particular case to A must also be applied to B ; that B has particular legal consequences in com- mon with A. The tendency , however , exists to extend the ...
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