Legal Fictions in Practice and Legal Science |
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Page 116
... parties when they entered into the contract ? The legal question concerns the proce- dure that must be followed to prove that fact , and the admissibility of evidence as proof of the parties ' intention . Because this approach aims at ...
... parties when they entered into the contract ? The legal question concerns the proce- dure that must be followed to prove that fact , and the admissibility of evidence as proof of the parties ' intention . Because this approach aims at ...
Page 123
... parties to contract as they wished . The judicial function was restricted in the sense that it became an accepted principle that the law should interfere as little as possible with the commercial dealings of the parties . ' To these ...
... parties to contract as they wished . The judicial function was restricted in the sense that it became an accepted principle that the law should interfere as little as possible with the commercial dealings of the parties . ' To these ...
Page 125
... parties . In many cases , as Meijers points out , 45 the parties might actually have intended to make a custom part of their contract . The ' implied term ' is then nothing but the actual intention of the parties . In many other cases ...
... parties . In many cases , as Meijers points out , 45 the parties might actually have intended to make a custom part of their contract . The ' implied term ' is then nothing but the actual intention of the parties . In many other cases ...
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