Legal Fictions in Practice and Legal Science |
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Page 74
... person to perform an act , so that it appears as if the legal consequences are attached to the will of the acting person . In reality , the actor's will never accompanied the act . The senatusconsultum Pegasianum affords an illuminating ...
... person to perform an act , so that it appears as if the legal consequences are attached to the will of the acting person . In reality , the actor's will never accompanied the act . The senatusconsultum Pegasianum affords an illuminating ...
Page 162
... person . Von Savigny carried these thoughts further , his basic view being that the law exists in order to safeguard the will of each individual person . Legal per- sonality can therefore be granted to natural persons only : ' All law ...
... person . Von Savigny carried these thoughts further , his basic view being that the law exists in order to safeguard the will of each individual person . Legal per- sonality can therefore be granted to natural persons only : ' All law ...
Page 165
... person exists as if it were a natural person , it is easy and tempting to extend the feigning - process to all aspects of the existence and personality of the human being , e.g. as regards the question whether a legal person can be ...
... person exists as if it were a natural person , it is easy and tempting to extend the feigning - process to all aspects of the existence and personality of the human being , e.g. as regards the question whether a legal person can be ...
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